ADD cover page
March
28, 2024
Version:
6.0
Coronavirus State and Local Fiscal Recovery Funds
Guidance on Recipient Compliance and Reporting Responsibilities
On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program. This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses.
In May 2021, Treasury published the 2021 interim final rule (“2021 IFR”) describing eligible and ineligible uses of SLFRF, as well as other program requirements. The initial versions of this Compliance and Reporting guidance reflected the 2021 IFR and its eligible use categories. On January 6, 2022, the U.S. Department of the Treasury (“Treasury”) adopted the 2022 final rule implementing the SLFRF program. The 2022 final rule became effective on April 1, 2022. Prior to the 2022 final rule effective date, the 2021 IFR remained in effect; funds used consistently with the 2021 IFR while it was in effect were in compliance with the SLFRF program. However, recipients could choose to take advantage of the 2022 final rule’s flexibilities and simplifications ahead of the effective date. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule for more information on compliance with the 2021 IFR and the 2022 final rule.
On December 29, 2022, the Consolidated Appropriations Act, 2023 was enacted, amending the SLFRF program to provide additional flexibility for recipients to use SLFRF funds for three new eligible use categories. The 2023 interim final rule (“2023 IFR”) was published in the federal register on September 20, 2023. The 2023 IFR became effective upon publication.
In November 2023, Treasury issued an interim final rule (the “Obligation IFR”) to amend the definition of “obligation” at 31 CFR 35.3 and to provide related clarifications. The Obligation IFR was published in the federal register on November 20, 2023. The Obligation IFR became effective upon publication.
To support recipients in complying with the 2022 final rule, the 2023 IFR, and the Obligation IFR, this reporting guidance reflects the 2022 final rule, the 2023 IFR, and the Obligation IFR and provides additional detail and clarification for each recipient’s compliance and reporting responsibilities under the SLFRF program, and should be read in concert with the Award Terms and Conditions, the authorizing statute, the 2022 final rule, the 2023 IFR, Obligation IFR, other program guidance including the State and Local Fiscal Recovery Funds Frequently Asked Questions, and other regulatory and statutory requirements, including regulatory requirements under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance” or 2 CRF Part 200), and 2021 SLFRF Compliance Supplement – Technical Update, 2022 SLFRF Compliance Supplement, and 2023 SLFRF Compliance Supplement. Please see the Assistance Listing in SAM.gov under assistance listing number (formerly known as the CFDA number) 21.027 for more information.
Please Note: This guidance document applies to the SLFRF program only and does not change or impact reporting and compliance requirements for the Coronavirus Relief Fund (“CRF”) established by the CARES Act.
This guidance includes two parts:
Part 1: General Guidance
This section provides an orientation to recipients’ compliance responsibilities and Treasury’s expectations and recommends best practices where appropriate under the SLFRF program.
|
P. 4 |
|
P. 4 |
|
P. 5 |
D. Uniform Guidance (2 CFR Part 200)……………..…………………………………… |
P. 8 |
E. Award Terms and Conditions………………………………...………………………... |
P. 13 |
Part 2: Reporting Requirements
This section provides information on the reporting requirements for the SLFRF program.
|
P. 18 |
|
P. 19 |
|
P. 40 |
Appendix 1: Expenditure Categories…………………………………………………….…… |
P. 48 |
Appendix 2: Evidenced-Based Intervention Additional Information…………………….…. |
P. 55 |
Appendix 3: Expenditure Categories under the 2021 Interim Final Rule………..……….. |
P. 56 |
OMB Control Number: 1505-0271
OMB Expiration Date: 04/30/2025
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden for the collections of information included in this guidance is as follows: 30 minutes for Title VI Assurances, 2 hours per response for the Interim Report, 6 hours per response for the Project and Expenditure Report and 100 hours per response for the Recovery Plan Performance Report (if applicable). Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
Part 1: General Guidance
This section provides an orientation on recipients’ compliance responsibilities and Treasury’s expectations and recommended best practices where appropriate under the SLFRF program.
Recipients under the SLFRF program are the eligible entities identified in sections 602 and 603 of the Social Security Act as added by section 9901 of the American Rescue Plan Act of 2021 (the “SLFRF statute”) that receive an SLFRF award. Subrecipients under the SLFRF program are entities that receive a subaward from a recipient to carry out the purposes (program or project) of the SLFRF award on behalf of the recipient.
Recipients are accountable to Treasury for oversight of their subrecipients in accordance with 2 CFR 200.332, including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and Conditions, Treasury’s 2021 IFR, 2022 final rule, 2023 IFR, Obligation IFR, other applicable federal statutes and regulations, and reporting requirements.
Key Principles
There are several guiding principles for developing your own effective compliance regimes:
Recipients and subrecipients are the first line of defense and responsible for ensuring the SLFRF award funds are not used for ineligible purposes, and there is no fraud, waste, or abuse associated with their SLFRF award;
Many SLFRF-funded projects respond to the COVID-19 public health emergency1 and meet urgent community needs. Swift and effective implementation is vital, and recipients must balance facilitating simple and rapid program access widely across the community and maintaining a robust documentation and compliance regime;
Treasury encourages recipients to use SLFRF-funded projects to advance shared interests and promote equitable delivery of government benefits and opportunities to underserved communities, as outlined in Executive Order 13985, On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government; and
Transparency and public accountability for SLFRF award funds and use of such funds are critical to upholding program integrity and trust in all levels of government, and SLFRF award funds should be managed consistent with Administration guidance per Memorandum M-21-20 and Memorandum M-20-21.
Statutory Eligible Uses
As a recipient of an SLFRF award, your organization has substantial discretion to use the award funds in the ways that best suit the needs of your constituents – as long as such use fits into one of the following seven statutory categories:
To respond to the COVID-19 public health emergency or its negative economic impacts;
To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the recipient that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;
For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID–19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency;
To make necessary investments in water, sewer, or broadband infrastructure;
To provide emergency relief from natural disasters or the negative economic impacts of natural disasters;
For projects eligible under the 26 surface transportation programs specified in the 2023 CAA (Surface Transportation projects); or
For projects eligible under Title I of the Housing and Community Development Act of 1974 (Title I projects).
In addition, sections 602(c)(4) and 603(c)(5) of the Social Security Act, as amended by the Infrastructure Investment and Jobs Act, provide that SLFRF funds may be used for an authorized Bureau of Reclamation project for purposes of satisfying any non-Federal matching requirement required for the project.
Treasury adopted the 2021 IFR in May 2021 and the 2022 final rule on January 6, 2022 to implement the first four eligible use categories and other restrictions on the use of funds under the SLFRF program. The 2022 final rule took effect on April 1, 2022, and the 2021 IFR remained in effect until that time, although recipients could choose to take advantage of the 2022 final rule’s flexibilities and simplifications prior to April 1, 2022. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule for more information on compliance with the 2021 IFR and the 2022 final rule.
On December 29, 2022, the Consolidated Appropriations Act, 2023 was enacted, amending the SLFRF program to provide additional flexibility for recipients to use SLFRF funds for three new eligible use categories. The 2023 IFR was published in the federal register on September 20, 2023. The 2023 IFR became effective upon publication. The Obligation IFR was published in the federal register on November 20, 2023. The Obligation IFR became effective upon publication.
It is the recipient’s responsibility to ensure all SLFRF award funds are used in compliance with the program’s requirements. In addition, recipients should be mindful of any additional compliance obligations that may apply – for example, additional restrictions imposed upon other sources of funds used in conjunction with SLFRF award funds, or statutes and regulations that may independently apply to water, broadband, and sewer infrastructure projects. Recipients should ensure they maintain proper documentation supporting determinations of costs and applicable compliance requirements, and how they have been satisfied as part of their award management, internal controls, and subrecipient oversight and management.
Treasury’s 2022 Final Rule, 2023 IFR, and Obligation IFR
Treasury’s 2022 final rule, 2023 IFR, and Obligation IFR detail recipients’ compliance responsibilities and provides additional information on eligible and restricted uses of SLFRF award funds and reporting requirements.
Eligible and Restricted Uses of SLFRF Funds. As described in the SLFRF statute and summarized above, there are seven eligible uses of SLFRF award funds. As a recipient of an award under the SLFRF program, your organization is responsible for complying with requirements for the use of funds. In addition to determining a given project’s eligibility, recipients are also responsible for determining subrecipient’s or beneficiaries’ eligibility, and must monitor subrecipients’ use of SLFRF award funds.
To help recipients build a greater understanding of eligible uses, Treasury’s 2022 final rule and 2023 IFR establish a framework for determining whether a specific project would be eligible under the SLFRF program, including some helpful definitions. For example, Treasury’s 2022 final rule and 2023 IFR establish:
A framework for determining whether a project responds to the COVID-19 public health emergency or its negative economic impacts;
Definitions of “eligible employers,” “essential work,” “eligible workers,” and “premium pay” for cases where premium pay is an eligible use;
The option to select between a standard amount of revenue loss or complete a full revenue loss calculation of revenue lost due to the COVID-19 public health emergency;
A framework for necessary water and sewer infrastructure projects that aligns eligible uses with projects that are eligible under the Environmental Protection Agency’s Drinking Water and Clean Water State Revolving Funds along with certain additional projects, including a wider set of lead remediation and stormwater infrastructure projects and aid for residential wells;
A framework for necessary broadband projects that allows for projects that are designed to provide service of sufficient speeds to eligible areas, as well as an affordability requirement for providers that provide service to households;
A framework for determining how to provide emergency relief from a natural disaster;
Three pathways for using SLFRF funds for Surface Transportation projects along with the associated statutory requirements; and
A list of eligible Title I projects by reference to the activities that are eligible under the Community Development Block Program, along with the associated statutory requirements.
Treasury’s 2022 final rule also provides more information on important restrictions on use of SLFRF award funds, including that recipients other than Tribal governments may not deposit SLFRF funds into a pension fund; and recipients that are States or territories may not use SLFRF funds to offset a reduction in net tax revenue resulting from the recipient’s change in law, regulation, or administrative interpretation. In addition, recipients may not use SLFRF funds directly to service debt, satisfy a judgment or settlement, or contribute to a “rainy day” fund. Recipients should refer to Treasury’s 2022 final rule for more information on these restrictions and to the 2023 IFR for how these restrictions apply to the eligible uses added by the Consolidated Appropriations Act, 2023.
Treasury’s 2022 final rule outlines that funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, the 2022 final rule notes that SLFRF funds may not be used as the non-federal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management and Budget (“OMB”) has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations. If a recipient seeks to use SLFRF funds to satisfy match or cost-share requirements for a federal grant program, it should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or cost-share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost-share requirement. Treasury’s 2023 IFR outlines that under the Surface Transportation projects eligible use category, recipients may use SLFRF funds to satisfy non-federal cost share requirements for certain programs under Pathway Three. In addition, under the Title I projects eligible use category, recipients may use SLFRF funds to satisfy the non-federal share requirements of a federal financial assistance program in support of activities that would be eligible under the CDBG and ICDBG programs.
SLFRF funds beyond those that are available under the circumstances described above may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. For example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects.
Treasury’s 2023 IFR describes the additional statutory restrictions that apply to the Surface Transportation projects and Title I projects eligible use categories. First, the total amount of SLFRF funds that a recipient may use for Surface Transportation projects and Title I projects, taken together, cannot exceed the greater of $10 million and 30% of a recipient’s SLFRF allocation. Second, recipients using SLFRF funds for Surface Transportation projects and Title I projects must supplement, and not supplant, other federal, state, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses. For the Surface Transportation projects eligible use category, recipients using funds for projects eligible for Urbanized Formula Grants, Fixed Guideway Capital Investment Grants, Formula Grants for Rural Areas, State of Good Repair Grants, or Grants for Buses and Bus Facilities may not use SLFRF funds for operating expenses of these projects.
Eligible Costs Timeframe. For eligible use categories described in the 2022 final rule, your organization, as a recipient of an SLFRF award, may use SLFRF funds to cover eligible costs that your organization incurred during the period that begins on March 3, 2021 and ends on December 31, 2024, as long as the award funds for the obligations incurred by December 31, 2024 are expended by December 31, 2026. Costs incurred for projects by the recipient State, territorial, local, or Tribal government prior to March 3, 2021 are not eligible, as provided for in Treasury’s 2022 final rule.
For eligible use categories described in the 2023 IFR, recipients may use SLFRF funds for the three new eligible uses for costs incurred beginning December 29, 2022. Consistent with the existing eligible uses, recipients must obligate SLFRF funds for the new eligible uses by December 31, 2024. Recipients must expend SLFRF funds obligated to provide emergency relief from natural disasters by December 31, 2026. Recipients must expend SLFRF funds obligated for Surface Transportation projects and Title I projects by September 30, 2026. Costs for projects described in the 2023 IFR that are incurred by the recipient State, territorial, local, or Tribal government prior to December 29, 2022 are not eligible under these three eligible use categories.
Recipients may, in certain circumstances, use SLFRF award funds for the eligible use categories described in Treasury’s 2022 final rule for costs incurred prior to March 3, 2021. Specifically,
Public Health/Negative Economic Impacts: Recipients may use SLFRF award funds to provide assistance to households, small businesses, and nonprofits to respond to the public health emergency or negative economic impacts of the pandemic – such as rent, mortgage, or utility assistance – for costs incurred by the beneficiary (e.g., a household) prior to March 3, 2021, provided that the recipient State, territorial, local or Tribal government did not incur the cost of providing such assistance prior to March 3, 2021.
Premium Pay: Recipients may provide premium pay retrospectively for work performed at any time during the COVID-19 public health emergency. Such premium pay must be “in addition to” wages and remuneration already received and the obligation to provide such premium pay must not have been incurred by the recipient prior to March 3, 2021.
Revenue Loss: Recipients have broad discretion to use funds for the provision of government services to the extent of reduction in revenue. While calculation of lost revenue is based on the recipient’s revenue in the last full fiscal year prior to the COVID-19 public health emergency, use of funds for government services must be forward looking for costs incurred by the recipient after March 3, 2021.
Investments in Water, Sewer, and Broadband: Recipients may use SLFRF award funds to make necessary investments in water, sewer, and broadband infrastructure. Recipients may use SLFRF award funds to cover costs incurred for eligible projects planned or started prior to March 3, 2021, provided that the project costs covered by the SLFRF award funds were incurred by the recipient after March 3, 2021.
Any funds not obligated or expended for eligible uses by the timelines above must be returned to Treasury, including any unobligated or unexpended funds that have been provided to subrecipients and contractors as part of the award closeout process pursuant to 2 C.F.R. 200.344(d). For the purposes of determining expenditure eligibility, “incurred” means the recipient has incurred an obligation, which has the same meaning given to “financial obligation” in 2 CFR 200.1. See 31 CFR 35.5(b).
Reporting. Generally, recipients must submit one initial Interim Report, quarterly or annual Project and Expenditure reports which include subaward reporting, and in some cases annual Recovery Plan reports. Treasury’s 2022 final rule, 2023 IFR, Obligation IFR, and Part 2 of this guidance provide more detail around SLFRF reporting requirements.
Expenditure Categories. Treasury’s 2022 final rule provides greater flexibility and simplicity for recipients to fight the pandemic and support families and businesses struggling with its impacts, maintain vital services amid revenue shortfalls, and build a strong, resilient, and equitable recovery. As such, recipients report on a broader set of eligible uses and associated Expenditure Categories (“EC”), which began with the April 2022 Project and Expenditure Report. Appendix 1 includes the new ECs, as well as a reference to previous ECs used for reporting under the 2021 IFR.
The 2023 IFR implements the amendments to the SLFRF program made by the Consolidated Appropriations Act, 2023, which provides additional flexibility for recipients to use SLFRF funds to respond to natural disasters, build critical infrastructure, and support community development. The additional ECs associated with the 2023 IFR began with the October 2023 Project and Expenditure Report. These ECs also may be found in Appendix 1.
Assistance
Listing
The Assistance
Listing for the Coronavirus State and Local Fiscal Recovery
Funds (SLFRF) was published May 28, 2021 on SAM.gov under Assistance
Listing Number (“ALN”), formerly known as CFDA Number,
21.027.
The assistance listing includes helpful
information including program purpose, statutory authority,
eligibility requirements, and compliance requirements for
recipients. The ALN is the unique 5-digit number assigned to
identify a federal assistance listing, and can be used to search for
federal assistance program information, including funding
opportunities, spending on USASpending.gov, or audit results through
the Federal Audit Clearinghouse.
To expedite payments and meet
statutory timelines Treasury issued initial payments under an
existing ALN, 21.019, assigned to the CRF. If you have already
received funds or captured the initial number in your records,
please update your systems and reporting to reflect the new ALN
21.027 for the SLFRF program. Recipients must use ALN 21.027 for
all financial accounting, subawards, and associated program
reporting requirements for the SLFRF awards.
Uniform Administrative Requirements
The SLFRF awards are generally subject to the requirements set forth in the Uniform Guidance. In all instances, your organization should review the Uniform Guidance requirements applicable to your organization’s use of SLFRF funds, and SLFRF-funded projects. Additional details about applicability of certain provisions of the Uniform Guidance may be found in:
SLFRF 2022 final rule;
SLFRF Assistance Listing;
SLFRF 2022 Final Rule FAQs, including FAQ 4.9, 10.1, and Section 13; and
SLFRF 2023 IFR.
The following sections provide a general summary of your organization’s compliance responsibilities under applicable statutes and regulations, including the Uniform Guidance, as described in the most recent compliance supplement issued by OMB. Note that the descriptions below are only general summaries and all recipients and subrecipients are advised to carefully review the Uniform Guidance requirements and any additional regulatory and statutory requirements applicable to the program.
Allowable Activities. Each recipient should review program requirements, including Treasury’s 2022 final rule, 2023 IFR, Obligation IFR, and the recipient’s Award Terms and Conditions, to determine and record eligible uses of SLFRF funds. Per 2 CFR 200.303, your organization must develop and implement effective internal controls to ensure that funding decisions under the SLFRF award constitute eligible uses of funds, and document determinations.
Allowable Costs/Cost Principles. As outlined in the Uniform Guidance at 2 CFR Part 200, Subpart E regarding Cost Principles, allowable costs are based on the premise that a recipient is responsible for the effective administration of Federal awards, application of sound management practices, and administration of Federal funds in a manner consistent with the program objectives and terms and conditions of the award. Recipients must implement robust internal controls and effective monitoring to ensure compliance with the Cost Principles, which are important for building trust and accountability. Please note that as outlined in 2022 Final Rule FAQ 13.15, only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart E (Cost Principles) applies to recipients’ use of funds in the revenue loss eligible use category.
SLFRF funds may be, but are not required to be, used along with other funding sources for a given project. Recipients should note that SLFRF funds available under the “revenue loss” eligible use category generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. If a recipient seeks to use SLFRF funds to satisfy match or cost-share requirements for a federal grant program, the recipient should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or cost-share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost-share requirement. For instance, recipients should note that SLFRF funds may not be used as the non-federal share for purposes of a state’s Medicaid and CHIP programs because the OMB has approved a waiver from this provision as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.
Treasury’s 2023 IFR outlines that under the Surface Transportation projects eligible use category, recipients may use SLFRF funds to satisfy non-federal cost share requirements for certain programs under Pathway Three. In addition, under the Title I projects eligible use category, recipients may use SLFRF funds to satisfy the non-federal share requirements of a federal financial assistance program in support of activities that would be eligible under the CDBG and ICDBG programs.
SLFRF funds beyond those that are available under the circumstances described above may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the 2022 final rule for further details if they seek to utilize SLFRF funds as a match for these projects.
Treasury’s 2022 final rule, 2023 IFR, program guidance, and the Uniform Guidance outline the types of costs that are allowable, including certain audit costs. For example, per 2 CFR 200.425, a reasonably proportionate share of the costs of audits required by the Single Audit Act Amendments of 1996 are allowable; however, costs for audits that were not performed in accordance with 2 CFR Part 200, Subpart F and the Compliance Supplement are not allowable. Please see 2 CFR Part 200, Subpart E regarding the Cost Principles for more information.
Administrative costs: Recipients may use funds for administering the SLFRF program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements.2 Further, costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. Pursuant to the SLFRF Award Terms and Conditions, recipients are permitted to charge both direct and indirect costs to their SLFRF award as administrative costs as long as they are accorded consistent treatment per 2 CFR 200.403. Direct costs are those that are identified specifically as costs of implementing the SLFRF program objectives, such as contract support, materials, and supplies for a project. Indirect costs are general overhead costs of an organization where a portion of such costs are allocable to the SLFRF award such as the cost of facilities or administrative functions like a director’s office.34 Each category of cost should be treated consistently in like circumstances as direct or indirect, and recipients may not charge the same administrative costs to both direct and indirect cost categories, or to other programs. If a recipient has a current Negotiated Indirect Costs Rate Agreement (“NICRA”) established with a Federal cognizant agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, then the recipient may use its current NICRA. Alternatively, if the recipient does not have a NICRA, the recipient may elect to use the de minimis rate of 10 percent of the modified total direct costs pursuant to 2 CFR 200.414(f).
Salaries and Expenses: In general, certain employees’ wages, salaries, and covered benefits are an eligible use of SLFRF award funds. Please see Treasury’s 2022 final rule for details.
Cash Management. SLFRF payments made to recipients are not subject to the requirements of the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR Part 205 or 2 CFR 200.305(b)(8)-(9).
As such, recipients can place funds in interest-bearing accounts, do not need to remit interest to Treasury, and are not limited to using that interest for eligible uses under the SLFRF award.
Eligibility and Unique Entity Identifier Requirements. Under the SLFRF program, recipients are responsible for ensuring that award funds are used for eligible purposes. Accordingly, recipients must develop and implement policies and procedures, and retain records, to determine and monitor implementation of criteria for determining the eligibility of beneficiaries and/or subrecipients. Your organization, and if applicable, the subrecipient(s) administering a program on behalf of your organization, will need to develop and maintain procedures for obtaining information evidencing a given beneficiary’s, subrecipient’s, or contractor’s eligibility, including ensuring subrecipients and contractors are in good standing in accordance with 2 CFR 200.214 and 2 CFR Part 200, Appendix II, paragraph (H).
Further, recipients and subrecipients are required to obtain a valid Unique Entity Identifier (UEI), which is assigned by SAM.gov. Pursuant to the award term regarding 2 CFR Part 25, Appendix A, which is incorporated by reference in the SLFRF Financial Assistance Agreement, recipients are required to maintain current information in SAM.gov for the duration of the period of performance of the SLFRF award. A recipient may not make a subaward to a subrecipient unless that subrecipient has obtained and provided to the recipient a UEI. Subrecipients are not required to complete full SAM.gov registration to obtain a UEI. A UEI is not required with respect to beneficiaries and contractors. Implementing risk-based due diligence for eligibility determinations is a best practice to augment your organization’s existing controls.
Property Management. Any purchase of real or personal property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D, unless stated otherwise by Treasury. For example, as outlined in 2022 Final Rule FAQ 13.15, only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart D (Post Federal Award Requirements) applies to recipients’ use of funds in the revenue loss eligible use category. Furthermore, as outlined in 2022 Final Rule FAQ 13.16, Treasury has clarified the use and disposition requirements for real and personal property, supplies, and equipment purchased with SLFRF funds.
Matching, Level of Effort, Earmarking. There are no matching, level of effort, or earmarking compliance responsibilities associated with the SLFRF award. See Section C.1 (Eligible and Restricted Uses of SLFRF Funds) for a discussion of restrictions on use of SLFRF funds. Please see 2. Allowable Costs/Cost Principles above for information on the use of SLFRF funds for non-Federal match or cost-sharing requirements in other Federal programs.
Period of Performance. Your organization should also develop and implement internal controls related to activities occurring outside the period of performance. For eligible uses under the 2022 final rule, all funds remain subject to statutory and regulatory requirements that they must be used for costs incurred by the recipient during the period that begins on March 3, 2021, and ends on December 31, 2024, and that award funds for the financial obligations incurred by December 31, 2024 must be expended by December 31, 2026. For eligible uses under the 2023 IFR, recipients may use SLFRF funds for costs incurred beginning December 29, 2022. Consistent with the existing eligible uses, recipients must obligate SLFRF funds for the new eligible uses by December 31, 2024. Recipients must expend SLFRF funds obligated to provide emergency relief from natural disasters by December 31, 2026. Recipients must expend SLFRF funds obligated for Surface Transportation projects and Title I projects by September 30, 2026. Any funds not expended must be returned to Treasury as part of the award closeout process pursuant to 2 C.F.R. 200.344(d).
Procurement, Suspension & Debarment. Recipients are responsible for ensuring that any procurement using SLFRF funds, or payments under procurement contracts using such funds, are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327, unless stated otherwise by Treasury. As outlined in 2022 Final Rule FAQ 13.15, only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart D (Post Federal Award Requirements) applies to recipients’ use of funds in the revenue loss eligible use category. The procurement standards set forth in the Uniform Guidance at 2 CRF 200.317 through 2 CRF 200.327 are not included in 2022 Final Rule FAQ 13.15’s list of applicable Subpart D requirements that apply to recipients’ use of funds in the revenue loss eligible use category.
The Uniform Guidance establishes in 2 CFR 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in 2 CFR 200.320, which allows for non-competitive procurements only in certain circumstances. Recipients must have and use documented procurement procedures that are consistent with the standards outlined in 2 CFR 200.317 through 2 CFR 200.320. In addition, the Uniform Guidance at 2 CFR 200.214, 2 CFR Part 180, and Treasury’s implementing regulations at 31 CFR Part 19, prohibit recipients from entering into contracts with suspended or debarred parties. The procurement standards outlined in the Uniform Guidance require an infrastructure for competitive bidding and contractor oversight, including maintaining written standards of conduct. Your organization must ensure adherence to all applicable local, State, and federal procurement laws and regulations.
Program Income. Generally, program income includes, but is not limited to, income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, and principal and interest on loans made with Federal award funds. Program income does not include interest earned on advances of Federal funds, rebates, credits, discounts, or interest on rebates, credits, or discounts. Recipients of SLFRF funds should calculate, document, and record the organization’s program income. Additional controls that your organization should implement include written policies that explicitly identify appropriate allocation methods, accounting standards and principles, compliance monitoring checks for program income calculations, and records.
The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR 200.307. Treasury has clarified in its 2022 Final Rule FAQs that recipients may add program income to the Federal award. Any program income generated from SLFRF funds must be used for the purposes and under the conditions of the Federal award. FAQ 17.21 clarifies that program income, which may be added to SLFRF award funds and used for eligible activities, includes that which is earned between the December 31, 2024, obligation deadline and the end of the period of performance on December 31, 2026. Program income may only be used to cover an obligation incurred by December 31, 2024. Further, 2022 Final Rule FAQ 4.9 provides additional information about program income requirements applicable to certain eligible uses, and 2022 Final Rule FAQ 13.15 clarifies that only a subset of the Uniform Guidance requirements at 2 CFR 200 Subpart D (Post Federal Award Requirements) applies to recipients’ use of funds in the revenue loss eligible use category. The list of applicable Subpart D requirements in 2022 Final Rule FAQ 13.15 does not include the program income requirements in 2 CFR 200.307.
Reporting. All recipients of federal funds must complete financial, performance, and compliance reporting as required and outlined in Part 2 of this guidance. Expenditures may be reported on a cash or accrual basis, as long as the methodology is disclosed and consistently applied. Reporting must be consistent with the definition of expenditures pursuant to 2 CFR 200.1. Your organization should appropriately maintain accounting records for compiling and reporting accurate, compliant financial data, in accordance with appropriate accounting standards and principles.
In addition, where appropriate, your organization needs to establish controls to ensure completion and timely submission of all mandatory performance and/or compliance reporting. See Part 2 of this guidance for a full overview of recipient reporting responsibilities.
Consolidated jurisdictions or other types of jurisdictions that received multiple SLFRF allocations (e.g., a county and city with a consolidated government) are only required to file once per reporting period, and such reports will cover the total SLFRF allocations received by the jurisdiction. This includes non-entitlement units of local government (“NEUs”) and/or units of general local government located within counties that are not units of general local government. In addition, the total SLFRF allocations across all sources for a given jurisdiction will be used to identify that jurisdiction’s Reporting Tier.
Subrecipient Monitoring. SLFRF recipients that are pass-through entities as described under 2 CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass-through entities.
First, your organization must clearly identify to the subrecipient: (1) that the award is a subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any and all reporting requirements for expenditures of SLFRF funds.
Next, your organization will need to evaluate each subrecipient’s risk of noncompliance based on a set of common factors. These risk assessments may include factors such as prior experience in managing Federal funds, previous audits, personnel, and policies or procedures for award execution and oversight. Ongoing monitoring of any given subrecipient should reflect its assessed risk and include monitoring, identification of deficiencies, and follow-up to ensure appropriate remediation.
Accordingly, your organization should develop written policies and procedures for subrecipient monitoring and risk assessment and maintain records of all award agreements identifying or otherwise documenting subrecipients’ compliance obligations.
Recipients should note that NEUs are not subrecipients under the SLFRF program. They are SLFRF recipients that report directly to Treasury.
Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. Such individuals and organizations are beneficiaries and not subject to audit pursuant to the Single Audit Act and 2 C.F.R. Part 200, Subpart F.
Many recipients may choose to provide a subaward or contract to other entities to provide services to other end users. For example, a recipient may provide a subaward to a nonprofit to provide homeless services to individuals experiencing homelessness. In this case, the subaward to a nonprofit is based on the services that the recipient intends to provide (assistance to households experiencing homelessness), and the nonprofit is serving as the subrecipient, providing services on behalf of the recipient. Subrecipients are subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements, whereas contractors are not subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements.
Please note that as outlined in 2022 Final Rule FAQ 13.14, recipients’ use of funds in the revenue loss eligible use category does not give rise to subrecipient relationships. As a result, subaward reporting is not required for projects in the revenue loss eligible use category.
Special Tests and Provisions. From time-to-time, Treasury may issue subregulatory guidance as well as frequently asked questions.
Across each of the compliance requirements above, Treasury has described some best practices for development of internal controls in Table 1 below, with an example of each best practice.
Table 1: Internal controls best practices
Best Practice |
Description |
Example |
Written policies and procedures |
Formal documentation of recipient policies and procedures |
Documented procedure for determining worker eligibility for premium pay |
Written standards of conduct |
Formal statement of mission, values, principles, and professional standards |
Documented code of conduct / ethics for subcontractors |
Risk-based due diligence |
Pre-payment validations conducted according to an assessed level of risk |
Enhanced eligibility review of subrecipient with imperfect performance history |
Risk-based compliance monitoring |
Ongoing validations conducted according to an assessed level of risk |
Higher degree of monitoring for projects that have a higher risk of fraud, given program characteristics |
Record maintenance and retention |
Creation and storage of financial and non-financial records. |
Storage of all subrecipient payment information. |
Award Terms and Conditions
The Award Terms and Conditions of the SLFRF financial assistance agreement sets forth the compliance obligations for recipients pursuant to the SLFRF statute, the Uniform Guidance, Treasury’s 2022 final rule, 2023 IFR, and applicable federal laws and regulations. Recipients should ensure they remain in compliance with all Award Terms and Conditions. These obligations include the following items in addition to those described above:
SAM.gov Requirements. All eligible recipients are required to have an active registration with the System for Award Management (“SAM”) (https://www.sam.gov) pursuant to 2 CFR Part 25. To ensure timely receipt of funding, Treasury has stated that NEUs who have not previously registered with SAM.gov may do so after receipt of the award, but before the submission of mandatory reporting.5
Recordkeeping Requirements. Generally, your organization must maintain records and financial documents for five years after all funds have been expended or returned to Treasury, as outlined in paragraph 4.c. of the Award Terms and Conditions. Treasury may request transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.
Your organization must agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office (“GAO”), Treasury’s Office of Inspector General (“OIG”), and their authorized representative in order to conduct audits or other investigations.
Single Audit Requirements. Recipients and subrecipients that expend more than $750,000 in Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements.6 Note that the Compliance Supplement provides information on the existing, important compliance requirements that the federal government expects to be considered as a part of such audit. For example, the SLFRF Compliance Supplement describes an alternative to the Single Audit for eligible recipients. Recipients should consult the Compliance Supplement for more information about the alternative compliance examination engagement. The Compliance Supplement is routinely updated, and is made available in the Federal Register and on OMB’s website: https://www.whitehouse.gov/omb/office-federal-financial-management/ Recipients and subrecipients should consult the Federal Audit Clearinghouse to see examples of Single Audit submissions.
Civil Rights Compliance. Recipients of Federal financial assistance from the Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23.
In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury will collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that non-tribal recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. As explained in Treasury FAQ 12.1, the award terms and conditions for Treasury’s pandemic recovery programs, including the SLFRF program, do not impose antidiscrimination requirements on Tribal governments beyond what would otherwise apply under federal law.
Part 2: Reporting Guidance
There are three types of reporting requirements for the SLFRF program. The report requirements are approved and documented under OMB PRA number - OMB # 1505-0271.
Interim Report: Provide initial overview of status and uses of funding. This is a one-time report. See Section A, page 18.
Project and Expenditure Report: Report on projects funded, expenditures, and contracts and subawards equal to or greater than $50,000, and other information. See Section B, page 19.
Recovery Plan Performance Report: The Recovery Plan Performance Report (the “Recovery Plan”) will provide information on the projects that large recipients are undertaking with program funding and how they plan to ensure program outcomes are achieved in an effective, efficient, and equitable manner. It will include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury. The Recovery Plan will be posted on the website of the recipient as well as provided to Treasury. See Section C, page 40.
The reporting threshold is based on the total award amount allocated by Treasury under the SLFRF program, not the funds received by the recipient as of the time of reporting.
States and territories are also required to submit information on their distributions to NEUs. Please refer to Section D for additional details.
Table 2: Reporting requirements by recipient type
Tier |
Recipient |
Interim Report |
Project and Expenditure Report |
Recovery Plan Performance Report |
1 |
States, U.S. territories, metropolitan cities and counties with a population that exceeds 250,000 residents |
By August 31, 2021 or 60 days after receiving funding if funding was received by October 15, with expenditures by category.
Note: NEUs were not required to submit an Interim Report
|
By January 31, 2022, and then the last day of the month after the end of each quarter thereafter
Note: NEUs were not required to submit a Project and Expenditure Report on January 31, 2022. The first reporting date for NEUs was April 30, 2022. |
By August 31, 2021 or 60 days after receiving funding, and annually thereafter by July 31 |
2 |
Metropolitan cities and counties with a population below 250,000 residents that are allocated more than $10 million in SLFRF funding, and NEUs that are allocated more than $10 million in SLFRF funding |
|
||
3 |
Tribal Governments that are allocated more than $30 million in SLFRF funding |
|||
4 |
Tribal Governments that are allocated less than $30 million in SLFRF funding |
By April 30, 2022, and then annually thereafter
|
||
5 |
Metropolitan cities and counties with a population below 250,000 residents that are allocated less than $10 million in SLFRF funding, and NEUs that are allocated less than $10 million in SLFRF funding
|
Note: Based on the period of performance, reports will be collected through April 30, 2027. See the specific due dates listed in Sections B and C.
As mentioned above, the total SLFRF allocations across all sources for a given jurisdiction will be used to identify that jurisdiction’s Reporting Tier, beginning in April of 2022. Treasury may reach out to jurisdictions to update Reporting Tiers.
The remainder of this document describes these reporting requirements. User guides describing how and where to submit required reports are posted at www.treasury.gov/SLFRPReporting and updated on a regular basis.
Comparison
to reporting for the CRF
This guidance does not change the
reporting or compliance requirements pertaining to the CRF.
Reporting and compliance requirements for the SLFRF are separate
from CRF reporting requirements. Differences between CRF and SLFRF
include:
Project, Expenditure, and
Subaward Reporting:
The SLFRF reporting
requirements leverage the existing reporting regime used for CRF to
foster continuity and provide many recipients with a familiar
reporting mechanism. The data elements for the Project and
Expenditure Report will largely mirror those used for CRF, with
some minor exceptions noted in this guidance. The users’
guide will describe how reporting for CRF funds will relate to
reporting for the SLFRF.
Timing of Reports:
CRF reports were due within 10 days of each calendar quarter end.
For quarterly reporters, SLFRF reporting will be due the
last day of the month following the end of the period covered.
For annual reporters, SLFRF reporting will be due on an annual
schedule (see table in Section B below).
Program and Performance
Reporting: The CRF
reporting did not include any program or performance reporting. To
build public awareness and accountability and allow Treasury to
monitor compliance with eligible uses, some program and performance
reporting is required for SLFRF.
A. Interim Report
Note: The Interim Reports were submitted under the 2021 IFR.
States, U.S. territories, metropolitan cities, counties, and Tribal governments were required to submit a one-time interim report with expenditures7 by Expenditure Category covering the period from March 3rd to July 31, 2021, by August 31, 2021 or sixty (60) days after first receiving funding if the recipient’s date of award was between July 15, 2021 and October 15, 2021. The recipient was required to enter obligations8 and expenditures and, for each, select the specific expenditure category from the available options. See Appendix 3 for Expenditure Categories applicable for the Interim Report.
Required Programmatic Data
Recipients were also required to provide the following information if they had or planned to have expenditures in the following Expenditure Categories.
Revenue replacement (EC 6.19): Key inputs into the revenue replacement formula in the 2021 IFR and estimated revenue loss due to the COVID-19 public health emergency calculated using the formula in the 2021 IFR as of December 31, 2020.
Base year general revenue (e.g., revenue in the last full fiscal year prior to the public health emergency)
Fiscal year end date
Growth adjustment used (either 4.1 percent or average annual general revenue growth over 3 years prior to pandemic)
Actual general revenue as of the twelve months ended December 31, 2020
Estimated revenue loss due to the COVID-19 public health emergency as of December 31, 2020
An explanation of how revenue replacement funds were allocated to government services (Note: additional instructions was provided in the user guide)
In calculating general revenue and the other items discussed above, recipients should have used audited data if it was available. When audited data was not available, recipients were not required to obtain audited data if substantially accurate figures could be produced on an unaudited basis. Recipients should have used their own data sources to calculate general revenue and did not need to rely on revenue data published by the Census Bureau. Treasury acknowledges that due to differences in timing, data sources, and definitions, recipients’ self-reported general revenue figures may differ from those published by the Census Bureau. Recipients were permitted to provide data on a cash, accrual, or modified accrual basis, provided that recipients are consistent in their choice of methodology throughout the covered period and until reporting is no longer required. Recipients’ reporting should align with their own financial reporting.
In calculating general revenue, recipients should have excluded all intergovernmental transfers from the federal government. This includes, but is not limited to, federal transfers made via a State to a locality pursuant to the CRF or SLFRF. To the extent federal funds are passed through States or other entities or intermingled with other funds, recipients should have attempted to identify and exclude the federal portion of those funds from the calculation of general revenue on a best-efforts basis.
Consistent with the broad latitude provided to recipients to use funds for government services to the extent of reduction in revenue, recipients were required to submit a description of services provided. This description may be in narrative or in another form, and recipients were encouraged to report based on their existing budget processes and to minimize administrative burden. For example, a recipient with $100 in revenue replacement funds available could indicate that $50 were used for law enforcement operating expenses and $50 were used for pay-go building of sidewalk infrastructure. As discussed in the 2021 IFR, these services can include a broad range of services but may not be used directly for pension deposits or debt service.
Reporting requirements did not require tracking the indirect effects of Fiscal Recovery Funds, apart from the restrictions on use of Fiscal Recovery Funds to offset a reduction in net tax revenue. In addition, recipients were required to indicate that Fiscal Recovery Funds were not used to make a deposit in a pension fund.
B. Project and Expenditure Report
All recipients are required to submit Project and Expenditure Reports.
Note on NEUs: To facilitate reporting, each NEU will need an NEU Recipient Number. This is a unique identification code for each NEU assigned by the State or territory to the NEU as part of its request for funding.
Quarterly Reporting
The following recipients are required to submit quarterly Project and Expenditure Reports:
States and U.S. territories
Tribal governments that are allocated more than $30 million in SLFRF funding
Metropolitan cities and counties with a population that exceeds 250,000 residents
Metropolitan cities and counties with a population below 250,000 residents that are allocated more than $10 million in SLFRF funding and NEUs that are allocated more than $10 million in SLFRF funding
For these recipients, the initial quarterly Project and Expenditure Report covered three calendar quarters from March 3, 2021 to December 31, 2021 and was required to be submitted to Treasury by January 31, 2022. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury by the last day of the month following the end of the period covered. Quarterly reports are not due concurrently with applicable annual reports. Table 3 summarizes the quarterly report timelines:
Table 3: Quarterly Project and Expenditure Report Timeline
Report |
Year |
Quarter |
Period Covered |
Due Date |
|
1 |
2021 |
2 – 4 |
March 3 – December 31 |
January 31, 2022 |
|
2 |
2022 |
1 |
January 1 – March 31 |
April 30, 2022 |
|
3 |
2022 |
2 |
April 1 – June 30 |
July 31, 2022 |
|
4 |
2022 |
3 |
July 1 – September 30 |
October 31, 2022 |
|
5 |
2022 |
4 |
October 1 – December 31 |
January 31, 2023 |
|
6 |
2023 |
1 |
January 1 – March 31 |
April 30, 2023 |
|
7 |
2023 |
2 |
April 1 – June 30 |
July 31, 2023 |
|
8 |
2023 |
3 |
July 1 – September 30 |
October 31, 2023 |
|
9 |
2023 |
4 |
October 1 – December 31 |
January 31, 2024 |
|
10 |
2024 |
1 |
January 1 – March 31 |
April 30, 2024 |
|
11 |
2024 |
2 |
April 1 – June 30 |
July 31, 2024 |
|
12 |
2024 |
3 |
July 1 – September 30 |
October 31, 2024 |
|
13 |
2024 |
4 |
October 1 – December 31 |
January 31, 2025 |
|
14 |
2025 |
1 |
January 1 – March 31 |
April 30, 2025 |
|
15 |
2025 |
2 |
April 1 – June 30 |
July 31, 2025 |
|
16 |
2025 |
3 |
July 1 – September 30 |
October 31, 2025 |
|
17 |
2025 |
4 |
October 1 – December 31 |
January 31, 2026 |
|
18 |
2026 |
1 |
January 1 – March 31 |
April 30, 2026 |
|
19 |
2026 |
2 |
April 1 – June 30 |
July 31, 2026 |
|
20 |
2026 |
3 |
July 1 – September 30 |
October 31, 2026 |
|
21 |
2026 |
4 |
October 1 – December 31 |
April 30, 2027 |
|
Annual Reporting
The following recipients are required to submit annual Project and Expenditure Reports:
Tribal governments that are allocated less than $30 million in SLFRF funding
Metropolitan cities and counties with a population below 250,000 residents that are allocated less than $10 million in SLFRF funding and NEUs that are allocated less than $10 million in SLFRF funding
For these recipients, the initial Project and Expenditure Report covered from March 3, 2021 to March 31, 2022 and was required to be submitted to Treasury by April 30, 2022. The subsequent annual reports will cover one calendar year and must be submitted to Treasury by April 30. Table 4 summarizes the annual report timelines:
Table 4: Annual Project and Expenditure Report timeline
Report |
Period Covered |
Due Date |
1 |
March 3, 2021 – March 31, 2022 |
April 30, 2022 |
2 |
April 1, 2022 – March 31, 2023 |
April 30, 2023 |
3 |
April 1, 2023 – March 31, 2024 |
April 30, 2024 |
4 |
April 1, 2024 – March 31, 2025 |
April 30, 2025 |
5 |
April 1, 2025 – March 31, 2026 |
April 30, 2026 |
6 |
April 1, 2026 – December 31, 2026 |
April 30, 2027 |
Required Information
The following information is required in Project and Expenditure Reports for both quarterly and annual reporting:
Projects: Provide information on all SLFRF funded projects. Projects are defined as a grouping of closely related activities that together are intended to achieve a specific goal or are directed toward a common purpose. These activities can include new or existing eligible government services or investments funded in whole or in part by SLFRF funding. For each project, the recipient is required to enter the project name, identification number (created by the recipient), project expenditure category (see Appendix 1), description, and status of completion. Project descriptions must describe the project in sufficient detail to provide an understanding of the major activities that will occur, and must be between 50 and 250 words.
Project descriptions for the emergency relief from natural disasters eligible use category must describe the natural disaster the recipient is responding to, including the type of event, and how the emergency relief is related to and reasonably proportional to the natural disaster.
Projects should be defined to include only closely related activities directed toward a common purpose. Recipients should review the Required Programmatic Data described in 3.g. below and define their projects at a sufficient level of granularity.
Note: For each project, the recipient is asked to select the appropriate Expenditure Category based on the scope of the project (see Appendix 1). Projects should be scoped to align to a single Expenditure Category. For select Expenditure Categories, the recipient also is asked to provide additional programmatic data (described further below).
Obligations and Expenditures: Once a project is entered the recipient will be able to report on the project’s obligations and expenditures. Recipients will be asked to report:
Current period obligation
Cumulative obligation
Current period expenditure
Cumulative expenditure
Project Status: Once a project is entered the recipient will be asked to report on project status each reporting period, in four categories:
Not Started
Completed less than 50 percent
Completed 50 percent or more
Completed
Program Income: Recipients should report the program income earned and expended to cover eligible project costs, if applicable.
Adopted Budget (States, U.S. territories, metropolitan cities and counties with a population that exceeds 250,000 residents only): Each state, territory and metropolitan city and county with a population that exceeds 250,000 residents will provide the budget adopted for each project by its jurisdiction associated with SLFRF funds. Treasury will use this information to better understand the intended impact, identify opportunities for outreach, and understand the recipient’s progress in program implementation. Treasury is not approving or pre-approving budgets.
Recipients will enter the Adopted Budget based on information that exists currently in the recipient’s financial systems and the recipient’s established budget process. Treasury understands that recipients may use different budget processes. For example, a recipient may consider a project budgeted once a legislature has appropriated funds; whereas another recipient may consider a project budgeted at the moment when the funds have been obligated.
Additional information is provided on the differences between Adopted Budget, Obligations, and Expenditures as part of the user guide posted at www.treasury.gov/SLFRPReporting.
Project Demographic Distribution (applicable to Public Health and Negative Economic Impact ECs: EC 1.1-2.37)– Collection began April 2022
Recognizing the disproportionate public health and negative economic impacts of the pandemic on many households, communities, and other entities, recipients must report whether certain types of projects are targeted to impacted and disproportionately impacted communities. Recipients will be asked to respond to the following:
What Impacted and/or Disproportionally Impacted population does this project primarily serve? Please select the population primarily served.
If this project primarily serves more than one Impacted and/or Disproportionately Impacted population, please select up to two additional populations served.
Recipients will select from the following options:
|
Impacted |
Disproportionately Impacted |
Public Health |
|
|
Assistance to Households |
|
|
Assistance to Small Businesses |
|
|
Assistance to Non-Profits |
|
|
Aid to Impacted Industries |
|
N/A |
Subawards, Contracts, Grants, Loans, Transfers, and Direct Payments: Each recipient shall also provide detailed obligation and expenditure information for any contracts and grants awarded, loans issued, transfers made to other government entities, and direct payments made by the recipient that are equal to or greater than $50,000. As noted in Treasury’s Project & Expenditure User Guides, subaward reporting for funds spent under the revenue loss eligible use category has not been required in past reporting periods. Please note that as outlined in 2022 Final Rule FAQ 13.14, Treasury is not collecting subaward data for projects categorized under the revenue loss eligible use category.
Recipients do not need to submit separate monthly subaward reports to FSRS.gov as required pursuant to the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive compensation, which is included in the SLFRF Award Terms and Conditions. Treasury will submit this reporting on behalf of recipients using the $50,000 reporting threshold, timing, and data elements discussed in this guidance. If recipients choose to continue reporting to FSRS.gov in addition to reporting directly to Treasury on these funds, they may do so and will be asked to notify Treasury as part of their quarterly submission.
In general, recipients will be asked to provide the following information for each Contract, Grant, Loan, Transfer, or Direct Payment equal to or greater than $50,000:
Subrecipient identifying and demographic information (e.g., UEI/TIN number and location)
Award number (e.g., Award number, Contract number, Loan number)
Award date, type, amount, and description
Award payment method (reimbursable or lump sum payment(s))
For loans, expiration date (date when loan expected to be paid in full)
Primary place of performance
Related project name(s)
Related project identification number(s) (created by the recipient)
Period of performance start date
Period of performance end date
Quarterly obligation amount
Quarterly expenditure amount
Project(s)
Additional programmatic performance indicators for select Expenditure Categories (see below)
Aggregate reporting is required for contracts, grants, transfers made to other government entities, loans, and direct payments that are below $50,000. This information will be accounted for by Expenditure Category at the project level. Note that all obligations and expenditures made directly to individuals, regardless of dollar amount, should be included in aggregate reporting.
As required by the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive compensation, recipients must also report the names and total compensation of their five most highly compensated executives and their subrecipients’ executives for the preceding completed fiscal year if (1) the recipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as provided by 2 CFR 170.320 (and subawards), and received $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act (and subawards), and (2) if the information is not otherwise public. In general, most SLFRF recipients are governmental entities with executive salaries that are already disclosed, so no additional information would be required to be reported for them. The recipient is responsible for the subrecipients’ compliance with registering and maintaining an updated profile on SAM.gov.
In accordance with the SLFRF Financial Assistance agreement, recipients must include a subrecipient’s Unique Entity Identifier (UEI) in the SLFRF Project and Expenditure report. Beginning with the October 2023 report, subrecipients reported without a UEI will require recipients to select a justification for the missing UEI for the reported subrecipient. The justifications are as follows:
Subrecipient facing delay in obtaining UEI from the U.S. General Services Administration
Recipient was delayed in collecting a UEI from its subrecipient due to recipient’s internal control issue and recipient must describe the internal control issue and planned corrective action.
Recipient was unable to contact subrecipient:
Services the subrecipient provided were completed after April 4, 2022 and recipient is continuing to work to collect its subrecipient’s UEI
Services the subrecipient provided were completed prior to April 4, 2022
Recipients will also be required to report a timeline for obtaining and reporting the UEI for all reasons excluding services that were completed prior to April 4, 2022.
Civil Rights Compliance: Treasury will request information on recipients’ compliance with Title VI of the Civil Rights Act of 1964, as applicable, on an annual basis. This information may include a narrative describing the recipient’s compliance with Title VI, along with other questions and assurances. This collection does not apply to Tribal governments15
Ineligible Activities: Tax Offset Provision (States and territories only): Section 602(c)(2)(A) of the Social Security Act prohibits a State or territory from using SLFRF funds to directly or indirectly offset a reduction in the net tax revenue of the State or territory resulting from a change in law, regulation, or administrative interpretation during the covered period (the “Tax Offset Provision”). The 2022 Final Rule implements the Tax Offset Provision at 31 CFR § 35.8. Violations of the Tax Offset Provision may be subject to recoupment. The following information is required for Treasury to ensure SLFRF funding is not used for ineligible activities related to the Tax Offset Provision.
For each reporting year, in the quarterly reporting cycle occurring 90 days after the end of the recipient’s fiscal year, States and territories will report certain items related to the Tax Offset Provision, as detailed below. For example, if a recipient’s fiscal year ends June 30, 2022, reporting on the Tax Offset Provision for fiscal year 2022 will be due in October 2022. All States and territories reported on the Tax Offset Provision for fiscal year 2021 in July 2022.
As indicated in the 2022 final rule, Treasury is implementing a tiered approach to reporting on the Tax Offset Provision, which is described below. Although Treasury is implementing a tiered approach to reporting, recipients should maintain records to support their compliance with the Tax Offset Provision.
The terms “reporting year,” “baseline,” “covered change,” “covered period,” “net reduction in total spending,” and “tax revenue” are defined in the 2022 Final Rule, 31 CFR § 35.3. For purposes of calculating a net reduction in total spending, total spending for the fiscal year ending 2019 should be reported on an inflation-adjusted basis, consistent with the 2022 Final Rule. Similarly, for purposes of calculating baseline tax revenue, tax revenue for the fiscal year 2019 should be reported on an inflation-adjusted basis, consistent with the 2022 Final Rule.
For purposes of reporting actual tax revenue for the requested fiscal year and baseline tax revenue for the fiscal year ending 2019,16 (a) if available, recipients should report information using audited financials and (b) recipients may provide data on a cash, accrual, or modified accrual basis, but must be consistent in their approach across all reporting periods. Similarly, for purposes of calculating a net reduction in total spending, recipients should report data using audited financials where available.
Recipients will first answer a series of summary questions to determine the tiering of their tax offset reporting:
Summary Questions
Do you have revenue-reducing covered change(s) to report for the requested fiscal year and for future fiscal years? Yes/No
If no, recipients have no further reporting requirements in the tax offset section. (Remaining summary questions will be greyed out).
If yes, recipients will complete part 1 and additional fields.
Is the aggregate value of your revenue-reducing covered change(s) for the requested fiscal year less than the de minimis? Yes/No.
If yes, recipients will complete parts 1 and 2, and no further reporting is required in the tax offset section. (Remaining summary questions will be greyed out).
If no, recipients will complete parts 1, 2 and additional fields.
Do you have a reduction in net tax revenue for the requested fiscal year, meaning that actual tax revenue for the requested fiscal year is less than baseline tax revenue? Yes/No.
If yes, recipients will complete parts 1, 2, and 3 and additional fields.
If no, recipients will complete parts 1, 2, and 3, and no further reporting is required in the tax offset section. (Remaining summary questions will be greyed out).
Do you have revenue-increasing covered change(s) and/or covered spending cuts to report for the requested fiscal year? Yes/No
If yes, recipients will complete parts 1, 2, 3, and 4.
If no, recipients will complete the revenue reduction cap.
Reporting Part 1: Revenue-reducing Covered Changes
Do you have revenue-reducing covered change(s) to report for the requested fiscal year and for future fiscal years? Yes/No
If yes, complete grid or upload spreadsheet with the name of each revenue-reducing covered change and the value of the revenue-reducing covered change for the requested fiscal year and for future fiscal years.
If no, a recipient has no revenue-reducing covered changes to report, no additional reporting is required.
Enter in the aggregate value of all revenue-reducing covered change(s) for the requested fiscal year.17
Revenue-reducing Covered Changes: Guidance
For each reporting year, a recipient must report the value of covered changes that the recipient predicts will have the effect of reducing tax revenue in a given reporting year (revenue-reducing covered changes), similar to the way it would in the ordinary course of its budgeting process. The value of these revenue-reducing covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient government’s existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The revenue-reducing covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year-over-year revenue attributable to the covered change(s), relative to the current law baseline prior to the change(s). Estimation approaches should not use dynamic methodologies that incorporate the projected effects of the policies on macroeconomic growth. In general and where possible, reported values should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. Recipients must maintain records regarding the identification and predicted effects of revenue-reducing covered changes.
Reporting Part 2: Baseline Revenue and De Minimis Threshold
Enter Baseline Revenue:
Enter in the aggregate value of the revenue-reducing covered change(s) for the requested fiscal year as a percentage of baseline revenue:
Is the aggregate value of the revenue-reducing covered change(s) for the requested fiscal year less than one percent of baseline revenue? Y/N
If yes, a recipient’s aggregate value of the revenue-reducing covered changes in the reporting year is less than the de minimis threshold, and no additional reporting is required.
Baseline Revenue: Guidance
Baseline has the meaning defined in the 2022 Final Rule, 31 CFR 35.3.
Recipients must determine whether the aggregate value of the revenue-reducing covered changes in the reporting year is less than one percent of baseline revenue (the de minimis threshold).
Reporting Part 3: Actual Tax Revenue and Reduction in Net Tax Revenue
Enter Actual Tax Revenue for the requested fiscal year:
Enter Reduction in Net Tax Revenue: baseline revenue minus actual tax revenue
If the value of the reduction in net tax revenue is zero or negative (meaning that actual tax revenue is equal to or greater than baseline revenue), no additional reporting is required.
Actual Tax Revenue: Guidance
Actual tax revenue means the tax revenue received by the recipient government in the reporting year. Tax revenue has the meaning defined in the 2022 Final Rule, 31 CFR 35.3.
Reduction in Net Tax Revenue: Guidance
The reduction in net tax revenue is equal to baseline revenue minus actual tax revenue in each reporting year. If this value is zero or negative, there is no reduction in net tax revenue.
Reporting Part 4: Revenue-increasing Covered Changes and Covered Spending Cuts
Do you have revenue-increasing covered change(s) and/or covered spending cuts to report for the requested fiscal year? Yes/No.
If yes, complete grid or upload spreadsheet with the name of each revenue-increasing covered change and the value.
Enter in the aggregate value of revenue-increasing covered change(s):
Enter net reduction in total spending for the requested fiscal year:
Complete grid or upload spreadsheet of specific spending cuts and the corresponding “reporting unit”, including the name of the reporting unit, description of the spending cut, the amount of the reduction in spending in the reporting unit for the reporting year relative to its inflation-adjusted FY 2019 level, the amount of any Fiscal Recovery Funds spent in the reporting unit in the reporting year, and the amount by which the reduction in spending in the reporting unit in the reporting year exceeds the Fiscal Recovery Funds spent in the reporting unit in the reporting year, if at all.
Enter the aggregate value of covered spending cuts.
Enter the aggregate value of revenue-increasing covered changes + the aggregate value of covered spending cuts.
Enter the total value of revenue-reducing covered changes minus the total of (aggregate value of revenue-increasing covered changes + aggregate value of covered spending cuts).
Is the aggregate value of revenue-reducing covered changes minus the total of (aggregate value of revenue-increasing changes + aggregate value of covered spending cuts) negative or equal to zero? (Yes/No)
If yes, recipients have no further reporting requirements related to the Tax Offset Provision.
If no, recipients must move on to the calculation of the revenue reduction cap.
Revenue-increasing covered changes: Guidance
If a recipient has revenue-reducing covered changes, the aggregate value of which exceed the de minimis threshold, and its actual tax revenue does not exceed baseline tax revenue, a recipient must report the value of covered changes that have had or that the recipient predicts will have the effect of increasing tax revenue in a given reporting year (revenue-increasing covered changes), similar to the way it would in the ordinary course of its budgeting process. The value of these revenue-increasing covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient’s existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The revenue-increasing covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year-over-year revenue attributable to the revenue-increasing covered change(s), relative to the current law baseline prior to the change(s). Estimation approaches should not use dynamic methodologies that incorporate the projected effects of the policies on macroeconomic growth. In general and where possible, reporting should be produced by the agency of the recipient responsible for estimating the costs and effects of fiscal policy changes. Recipients should maintain records regarding revenue-increasing covered changes and estimates of such changes.
Net reduction in total spending, and tables of specific spending cuts: Guidance
Recipients may cut spending in certain areas to pay for revenue-reducing covered changes, up to the amount of the recipient’s net reduction in total spending. To calculate the amount of spending cuts that are available to offset a reduction in tax revenue, the recipient must first consider whether there has been a reduction in total net spending, excluding Fiscal Recovery Funds (net reduction in total spending). As defined in the 2022 Final Rule, 35 CFR 35.3, net reduction in total spending is measured as the recipient government’s total spending for a given reporting year excluding Fiscal Recovery Funds, subtracted from its total spending for its fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis’s Implicit Price Deflator for the gross domestic product of the United States for that reporting year. If that calculation yields a positive value, there has been a net reduction in total spending; if it yields zero or a negative value, there has not been a net reduction in total spending. If there has been no net reduction in total spending, a recipient will have no spending cuts to offset a reduction in net tax revenue.
Next, a recipient must determine and aggregate the value of spending cuts in each “reporting unit.” “Reporting units” are departments, agencies, or authorities of the recipient’s government. For each reporting unit, the recipient must report (1) the amount of the reduction in spending in the reporting unit for the reporting year relative to its inflation-adjusted FY 2019 level, (2) the amount of any Fiscal Recovery Funds spent in the reporting unit in the reporting year, and (3) the amount by which the reduction in spending in the reporting year exceeds the Fiscal Recovery funds spent in the reporting unit in the reporting year. If a recipient has not spent amounts received from the Fiscal Recovery Funds in a reporting unit, the full amount of the reduction in spending counts as a covered spending cut and may be included in the aggregate value of spending cuts. If the recipient has spent amounts received from the Fiscal Recovery Funds, such amounts generally would be deemed to have replaced the amount of spending cut, and only reductions in spending above the amount of Fiscal Recovery Funds spent on the reporting unit would be eligible to offset a reduction in net tax revenue. Only such amounts above the amount of Fiscal Recovery Funds spent on the reporting unit should be included in the aggregate value of spending cuts.
To align with existing reporting and accounting, the 2022 Final Rule considers the department, agency, or authority from which spending has been cut and whether the recipient government has spent amounts received from the Fiscal Recovery Funds on that same department, agency, or authority. Some commenters on the 2021 interim final rule argued that the methodology for identifying offsetting spending cuts at the department, agency, or authority level was too restrictive, but as discussed in the 2022 final rule, Treasury maintained the approach of requiring this reporting at the department, agency, or authority level. Recipients are encouraged to define reporting units in a manner consistent with their existing budget process and should, to the extent possible, report using the same reporting unit in each reporting year. Spending cuts must be reported relative to FY 2019 spending levels, adjusted for inflation, and excluding Fiscal Recovery Funds from reporting year spending levels.
Recipients should maintain records regarding spending cuts.
Reporting Part 5: Revenue Reduction Cap
The “revenue reduction cap,” together with Part 3, ensures that recipient governments can use organic revenue growth to offset the cost of revenue-reducing covered changes. If, based on the calculations completed so far, a recipient has not yet demonstrated how its revenue-reducing covered changes were offset by non-SLFRF sources, the reporting portal will auto-calculate the revenue reduction cap, which will be the lesser of the following two amounts:
Reduction in Net Tax Revenue (baseline tax revenue minus actual tax revenue) [pre-populated from Part 3] and
Aggregate Value of revenue-reducing covered changes minus (total of (aggregate value of revenue-increasing changes + aggregate value of covered spending cuts) [pre-populated from Part 4].
Required Programmatic Data (other than water, sewer, and broadband infrastructure projects): For all projects listed under the following Expenditure Categories (see Appendix 1), the information listed must be provided in each report.
Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection began in April 2022
Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced
Brief description of how a recipient’s response is related and reasonably proportional to a public health or negative economic impact of COVID-19.18
Note: The 2022 final rule presumes that all enumerated eligible uses for programs and services, including COVID-19 mitigation and prevention programs and services, are reasonably proportional responses to the harm identified unless a response is grossly disproportionate to the type or extent of harm experienced. Many of the Eligibility Categories encompass multiple specific enumerated eligible uses and may be provided to a variety of populations. For example, EC 2.13 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System includes a wide array of financial, educational, child development, or health supports, or other supports necessary, including supports for kinship care, and may be provided to foster youth and/or families involved in the child welfare system. Between these two fields above, recipients should provide enough information to identify the type of enumerated eligible use being provided within the EC (e.g., kinship care support services), the public health or economic impact experienced, who the program and/or service is being provided to, and what services are being provided (e.g., respite resources). For enumerated eligible uses, recipients are not required to provide substantive documentation that the response is related and reasonably proportional in the Project and Expenditure Report.
Capital Expenditures (EC 1.1-3.5) - Collection began in January 2022, with additional fields required starting in July 2022
Does this project include a capital expenditure? (Collection began in January 2022)
Total expected capital expenditure, including pre-development costs, if applicable (Collection began in January 2022)
Type of capital expenditure, based on the following enumerated uses (Collection began in July 2022):
COVID-19 testing sites and laboratories, and acquisition of related equipment
COVID-19 vaccination sites
Medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g., emergency rooms, intensive care units, telemedicine capabilities for COVID-19 related treatment)
Temporary medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs
Acquisition of equipment for COVID-19 prevention and treatment, including
ventilators, ambulances, and other medical or emergency services equipment
Emergency operations centers and acquisition of emergency response equipment (e.g., emergency response radio systems)
Installation and improvement of ventilation systems in congregate settings, health facilities, or other public facilities
Public health data systems, including technology infrastructure
Adaptations to congregate living facilities, including skilled nursing facilities, other
long-term care facilities, incarceration settings, homeless shelters, residential foster
care facilities, residential behavioral health treatment, and other group living
facilities, as well as public facilities and schools (excluding construction of new
facilities for the purpose of mitigating spread of COVID-19 in the facility)
Mitigation measures in small businesses, nonprofits, and impacted industries (e.g.,
developing outdoor spaces)
Behavioral health facilities and equipment (e.g., inpatient or outpatient mental health or substance use treatment facilities, crisis centers, diversion centers)
Technology and equipment to allow law enforcement to efficiently and effectively respond to the rise in gun violence resulting from the pandemic
Affordable housing, supportive housing, or recovery housing development
Food banks and other facilities primarily dedicated to addressing food insecurity
Transitional shelters (e.g., temporary residences for people experiencing homelessness)
Devices and equipment that assist households in accessing the internet (e.g., tablets, computers, or routers)
Childcare, daycare, and early learning facilities
Job and workforce training centers
Improvements to existing facilities to remediate lead contaminants (e.g., removal of lead paint)
Medical equipment and facilities designed to address disparities in public health outcomes (includes primary care clinics, hospitals, or integrations of health services into other settings)
Parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks, streetlights, neighborhood cleanup, and other projects to revitalize public spaces
Rehabilitations, renovation, remediation, cleanup, or conversions of vacant or abandoned properties
Schools and other educational facilities or equipment to address educational disparities
Technology and tools to effectively develop, execute, and evaluate government programs
Technology infrastructure to adapt government operations to the pandemic (e.g., video-conferencing software, improvements to case management systems or data sharing resources), reduce government backlogs, or meet increased maintenance needs
Other (please specify)
For recipients (other than Tribal governments) investing in projects with total expected capital expenditures for an enumerated eligible use of $10 million or more, as well as projects with total expected capital expenditures for an “other” use of $1 million or more, provide a written justification (Collection began in July 2022)
For projects with total expected capital expenditures of over $10 million, provide labor reporting as outlined for infrastructure projects on pages 37 and 38 (Collection began July 2022)
Household Assistance (EC 2.1-2.8) – Collection began January 2022:
Number of households served (by program if recipient establishes multiple separate household assistance programs)
Small Business Economic Assistance (EC 1.8, 2.29-2.33) – Collection began April 2022
Number of small businesses served (by program if recipient establishes multiple separate small business assistance programs)
Assistance to Non-Profits (EC 1.9, 2.34)- Collection began April 2022
Number of Non-Profits served (by program if recipient establishes multiple separate non-profit assistance programs)
Aid to Travel, Tourism, and Hospitality or Other Impacted Industries (EC 1.10, 2.35-2.36) – Collection began April 2022:
If aid is provided to industries other than travel, tourism, and hospitality (EC 2.36), describe if the industry experienced at least 8 percent employment loss from pre-pandemic levels, or the industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the 2022 final rule, and rationale for providing aid to the industry
For each subaward:
Sector of employer (Note: additional detail, including list of sectors, to be provided in the user guide posted to www.treasury.gov/SLFRP)
Purpose of funds (e.g., payroll support, safety measure implementation)
Education Assistance (EC 2.14, 2.24-.2.27) – Collection began in January 2022:
The National Center for Education Statistics (“NCES”) School ID or NCES District ID. List the School District if all schools within the school district received some funds. If not all schools within the school district received funds, list the School ID of the schools that received funds. These can allow evaluators to link data from the NCES to look at school-level demographics and, eventually, student performance.19
Payroll for Public Health and Safety Employees (EC 3.1) – Collection began in January 2022:
Number of government FTEs responding to COVID-19 supported under this authority
Rehiring Public Sector Staff (EC 3.2) – Collection began in January 2022:
Number of FTEs rehired by governments under this authority
Premium Pay (both Public Sector EC 4.1 and Private Sector EC 4.2) – Collection began in January 2022; additional field began in April 2022
List of sectors designated as critical to protecting the health and well-being of residents by the chief executive of the jurisdiction, if beyond those included in the 2022 final rule (Collection began January 2022)
Number of workers to be served (Collection began January 2022)
Employer sector for all subawards to third-party employers (i.e., employers other than the State, local, or Tribal government) (Collection began January 2022)
For groups of workers (e.g., an operating unit, a classification of worker, etc.) or, to the extent applicable, individual workers, other than those where the eligible worker receiving premium pay is earning (with the premium pay included) below 150 percent of their residing state or county’s average annual wage for all occupations, as defined by the Bureau of Labor Statistics Occupational Employment and Wage Statistics, whichever is higher, on an annual basis; OR the eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions:
A brief written narrative justification of how the premium pay or grant is responsive to workers performing essential work during the public health emergency. This could include a description of the essential workers’ duties, health or financial risks faced due to COVID-19, and why the recipient government determined that the premium pay was responsive to workers performing essential work during the pandemic. This description should not include personally identifiable information; when addressing individual workers, recipients should be careful not to include this information. Recipients may consider describing the workers’ occupations and duties in a general manner as necessary to protect privacy (Collection began January 2022)
Number of workers to be served with premium pay in K-12 schools (Collection began April 2022)
Revenue replacement (EC 6.1) – Collection began in August 2021:
As outlined in the 2022 final rule, recipients have the option to make a one-time decision to calculate revenue loss according to the formula outlined in the 2022 final rule or elect a “Standard Allowance” of up to $10 million, not to exceed the award allocation, to spend on government services throughout the period of performance. The option to make this one-time decision was provided during the April 30, 2022 reporting deadline. Recipients may update their revenue loss determination, as appropriate, through the April 2025 reporting period. Upon update, any prior revenue loss election will be superseded. Recipients must use a consistent methodology across the period of performance (i.e., choose either the standard allowance or the full formula) and may not elect one approach for certain reporting years and the other approach for different reporting years.
For recipients electing the “Standard Allowance,” Treasury will presume that up to $10 million, not to exceed the award allocation, in revenue has been lost due to the public health emergency. Recipients are permitted to use that amount to fund “government services.” Please note that electing the standard allowance does not change a recipient’s total allocation. Recipients that elect to use this standard allowance will make this election instead of calculating lost revenue using the formula.
For recipients calculating revenue loss according to the formula, the 2022 final rule permits recipients to choose whether to use calendar or fiscal year calculation dates. Recipients must use the same calculation time frame (calendar or fiscal year) throughout the award period.
Recipients calculating lost revenue using the formula should report the following:
Choice of fiscal or calendar year revenue loss (choice must remain consistent throughout award period)
General revenue collected over the past 12 months as of the most recent calculation date, as outlined in the 2022 final rule.
Calculated revenue loss due to the COVID-19 public health emergency; and
An explanation of how the revenue replacement funds were allocated to government services (note: additional instructions and/or template provided in the user guide posted at www.treasury.gov/SLFRPReporting).
For information on treatment of future tax changes, please see the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule.
Emergency Relief from Natural Disasters (EC 8) – Collection began October 2023:
For EC 8.1-8.11
Emergency Declaration or Major Declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
If responding to a natural disaster that is the subject of an emergency declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act:
Provide the declaration identification number;
Have SLFRF funds provided financial assistance to a person, business concern, or other entity with respect to disaster losses? If providing financial assistance to a person, business concern, or other entity with respect to disaster losses, recipients are responsible for ensuring compliance with the duplication of benefits requirements described in the interim final rule at 31 CFR 35.6(g)(3). Disaster losses are losses suffered as a result of a major disaster or emergency declared under the Stafford Act.
Emergency declaration by the Governor of a state pursuant to respective state law without a Stafford Act Declaration
Emergency declaration by a Tribal government without a Stafford Act Declaration
Designation of an event of a natural disaster by the chief executive or equivalent of recipient government with the event meeting the definition of natural disaster that does not also have a Stafford Act Declaration
For EC 8.6, 8.7, 8.12, 8.13
Does this project include a capital expenditure?
Total expected cost of capital expenditures funded with SLFRF in a project, including pre-development costs, if applicable
For projects with total expected capital expenditures of over $10 million, provide labor reporting as outlined for infrastructure projects on pages 37 and 38
For EC 8.12 (not EC 8.6, 8.7, 8.13): For recipients (except for Tribal governments) using SLFRF for mitigation activities with SLFRF-funded capital expenditures over $1 million, provide a written justification. Recipients that incorporate mitigation activities into repairing public infrastructure or home repairs should report their projects in EC 8.12.
Surface Transportation (EC 9) – Collection began October 2023 (Additional fields may be phased in through future reporting periods):
EC 9.1-9.3: Supplement, Not Supplant Attestation: The SLFRF funds used for this project are supplementing not supplanting other federal, state, territorial, Tribal, and local government funds (as applicable) that are otherwise available for these projects.
EC 9.1: Surface Transportation Projects Receiving Funding from Department of Transportation (DOT)
Select the relevant program under which your DOT-funded project falls (check one box):
INFRA Grants
National Highway Performance Program (NHPP)
Bridge Investment Program (BIP)
Surface Transportation Block Grant Program (STBG)
Highway Safety Improvement Program (HSIP)
Congestion Mitigation and Air Quality Improvement Program (CMAQ)
Charging and Fueling Infrastructure Discretionary Grant Program (CFI Program)
Territorial and Puerto Rico Highway Program
National Highway Freight Program (NHFP)
Rural Surface Transportation Grant Program
Carbon Reduction Program (CRP)
Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT)
Tribal Transportation Program (TTP)
Federal Lands Transportation Program (FLTP)
Federal Lands Access Program (FLAP)
Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program
Transportation Infrastructure Finance and Innovation Act (TIFIA)
Urbanized Formula Grants
Fixed Guideway Capital Investment Grants
Formula Grants for Rural Areas
State of Good Repair Grants
Grants for Buses and Bus Facilities
National culvert removal, replacement, and restoration grant program (Culvert AOP Program)
Bridge Replacement, Rehabilitation, Preservation, Protection, and Construction Program (Bridge Formula Program or BFP)
Metropolitan transportation planning
Projects that further the completion of a designated route of the Appalachian Development Highway System (ADHS)
FAIN number(s) for associated DOT project
Was DOT consulted prior to using SLFRF funds for this project? Yes/No.
For States using funds for projects eligible under title 23 of the U.S. Code or otherwise subject to the requirements of title 23 of the U.S. Code, select whether the project will:
Demonstrate progress in achieving a state of good repair as required by the State's asset management plan under 23 U.S.C. 119(e); and (Yes/No)
Support the achievement of 1 or more performance targets of the State established under 23 U.S.C. 150. (Yes/No)
This project is not a project eligible under title 23 of the U.S. Code or otherwise subject to the requirements of title 23 of the U.S. Code.
Limitation on Operating Expenses Attestation (only for Urbanized Formula Grants, Fixed Guideway Capital Investment Grants, Formula Grants for Rural Areas, State of Good Repair Grants, or Grants for Buses and Bus Facilities): The SLFRF funds associated with this project are not being used for operating expenses.
EC 9.2: Surface Transportation Projects Not Receiving Funding from DOT (Streamlined Framework)
Select the eligible project type from the 2023 RAISE Grant NOFO for which the recipient is using SLFRF funds.
Highway, bridge, or other road projects eligible under title 23 of the U.S. Code
Public transportation projects eligible under chapter 53 of title 49, U.S.C.
Passenger and freight rail transportation projects
Port infrastructure investments (including inland port infrastructure and land ports of entry)
The surface transportation components of an airport project eligible for assistance under part B of subtitle VII of title 49, U.S.C.
Intermodal projects
Projects to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species while advancing the goals of the RAISE program
Projects investing in surface transportation facilities that are located on Tribal land and for which title or maintenance responsibility is vested in the Federal Government
Public road and non-motorized projects that are not otherwise eligible under title 23, United States Code
Transit-oriented development projects
Mobility on-demand projects that expand access and reduce transportation cost burden
Planning projects
For States using funds for projects eligible under title 23 of the U.S. Code or otherwise subject to the requirements of title 23 of the U.S. Code, select whether the project will:
Demonstrate progress in achieving a state of good repair as required by the State's asset management plan under 23 U.S.C. 119(e); and (Yes/No)
Support the achievement of 1 or more performance targets of the State established under 23 U.S.C. 150. (Yes/No)
This project is not a project eligible under title 23 of the U.S. Code or otherwise subject to the requirements of title 23 of the U.S. Code.
Environmental Impact Attestation: The entire project scope is limited to the set of actions or activities identified by DOT as meeting the criteria for categorical exclusion as listed under 23 CFR 771.116(c)(1)-(22), 771.117(c)(1)-(30), and 771.118(c)(1)-(16). These actions do not involve unusual circumstances, as described in 23 CFR 771.116(b), 771.117(b), and 771.118(b).
Requirements Attestation: The project satisfies the requirements of titles 23, 40, and 49 of the U.S. Code that apply to this project and the associated DOT implementing regulations.
Limitation on Operating Expenses Attestation (only for Urbanized Formula Grants, Fixed Guideway Capital Investment Grants, Formula Grants for Rural Areas, State of Good Repair Grants, or Grants for Buses and Bus Facilities): The SLFRF funds associated with this project are not being used for operating expenses.
For EC 9.3: Non-federal share requirements for a Surface Transportation project or repaying a TIFIA loan
Select the DOT program for which you are using SLFRF funds to satisfy non-federal share requirements or to repay a TIFIA loan
Title I (EC 10) – Collection began October 2023 (see supplemental guidance related to environmental review requirements):
Environmental Review Type: Indicate the type of environmental review required by the project:
Exempt Activity (per 24 CFR 58.34(a))
Categorically Excluded and not subject to 24 CFR 58.5 (per 24 CFR 58.35(b)) with no extraordinary circumstances (per 24 CFR 58.35(c))
Other - Upload the Treasury Approved Environmental Certification, Treasury Approved Public Notice, Treasury Approved Proof of Posting Public Notice and Treasury Approved Authority to Use Grant Funds Notice. (See supplemental guidance related to environmental review requirements).
Supplement, Not Supplant Attestation: The SLFRF funds used for this project are supplementing not supplanting other federal, state, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses.
Requirements Attestation: The project satisfies the requirements of title I of the Housing and Community Development Act of 1974 that apply to this project and the associated HUD implementing regulations.
Does this Title I project relate to broadband infrastructure? (Yes/No).
For non-Tribal government recipients:
Designate which of the three National Objectives the project aligns to:
Benefit low- and moderate-income persons
Prevent of eliminate slums or blight
Meet other particularly urgent community development needs
Labor Standards Attestation: All labor standards requirements applicable under this eligible use category have been satisfied by the recipient.
For Tribal government recipients: Are you satisfying the definition of “low and moderate income” for the primary objective requirement based on project beneficiaries receiving or being eligible to receive needs-based services provided by the Tribe, instead of relying on Census data? Needs-based services are defined as services administered by the Tribal government on the basis of an individual’s income.
If yes: Attestation: The project beneficiaries are receiving or are eligible to receive needs-based services provided by the Tribal government.
15. Costs Associated with Satisfying the Certain Legal and Administrative Requirements of the SLFRF Program After December 31, 2024 (EC 7.5) – Collection will begin July 2024:
Treasury will issue further guidance ahead of the July 2024 quarterly reporting deadline.
Required Programmatic Data for Water, Sewer, and Broadband Infrastructure Projects (EC 5): For all projects listed under the Water, Sewer, and Broadband Expenditure Categories (see Appendix 1), more detailed project-level information is required. Each project will be required to report expenditure data as described above, but will also report the following information:
All water, sewer, and broadband infrastructure projects (EC 5) – Collection began in January 2022:
Projected/actual construction start date (month/year)
Projected/actual initiation of operations date (month/year)
Location
For projects over $10 million (based on expected total cost):
A recipient may provide a certification that, for the relevant project, all laborers and mechanics employed by contractors and subcontractors in the performance of such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevailing-wage-in-construction law (commonly known as “baby Davis-Bacon Acts”). If such certification is not provided, a recipient must provide a project employment and local impact report detailing:
The number of employees of contractors and sub-contractors working on the project;
The number of employees on the project hired directly and hired through a third party;
The wages and benefits of workers on the project by classification; and
Whether those wages are at rates less than those prevailing.20
Recipients must maintain sufficient records to substantiate this information upon request.
A recipient may provide a certification that a project includes a project labor agreement, meaning a pre-hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing:
How the recipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high-quality construction throughout the life of the project, including a description of any required professional certifications and/or in-house training;
How the recipient will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project;
How the recipient will provide a safe and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities, including descriptions of safety training, certification, and/or licensure requirements for all relevant workers (e.g., OSHA 10, OSHA 30);
Whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and
Whether the project has completed a project labor agreement.
Whether the project prioritizes local hires.
Whether the project has a Community Benefit Agreement, with a description of any such agreement.
Water and sewer projects (EC 5.1-5.18) Required once the project starts:
National Pollutant Discharge Elimination System (NPDES) Permit Number (if applicable; for projects aligned with the Clean Water State Revolving Fund) (Collection began in January 2022)
Public Water System (PWS) ID number (if applicable; for projects aligned with the Drinking Water State Revolving Fund) (Collection began January 2022)
Median Household Income of service area (Collection began in April 2022)
Lowest Quintile Income of the service area (Collection began in April 2022)
Broadband projects (EC 5.19-5.21) Collection includes new fields that began in July 2022. Additional fields will be phased in through future reporting periods, as noted below.
Overall Project Information
Confirm that the project is designed to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds.
If the project is not designed to reliably meet or exceed symmetrical 100 Mbps download and upload speeds, explain why not, and
Confirm that the project is designed to, upon completion, meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed.
Confirm that the service provider for the project has, or will upon completion of the project, either participated in the Federal Communications Commission (FCC)’s Affordable Connectivity Program (ACP) or otherwise provided access to a broad-based affordability program that provides benefits to households commensurate with those provided under the ACP to low-income consumers in the proposed service area of the broadband infrastructure (applicable only to projects that provide service to households).
Detailed Project Information
Project technology type(s) (Planned/Actual)
Fiber
Coaxial Cable
Terrestrial Fixed Wireless
Other (specify)
Total miles of fiber deployed (Planned/Actual)
Total number of funded locations served (Planned/Actual)
Total number of funded locations served, broken out by speeds:
Pre-SLFRF Investment:
Number receiving 25/3 Mbps or below
Number receiving between 25/3 Mbps and 100/20 Mbps
Post-SLFRF Investment (Planned/Actual):
Number receiving minimum 100/100 Mbps
Number receiving minimum 100/20 Mbps and scalable to minimum 100/100 Mbps
Total number of funded locations served, broken out by type (Planned/Actual):
Residential
Total Housing Units
Business
Community anchor institution
Speed tiers offered, corresponding non-promotional prices, including associated fees, and data allowance for each speed tier of broadband service (collection to be phased in a future reporting period)
Location-by-Location Project Information
For each location served by a Project, the recipient must collect
from the subrecipient or contractor and submit the following
information to Treasury using a predetermined file format that will
be provided by Treasury (collection of certain fields will begin
in October 2022, as specified below):
Latitude/longitude at the structure where service will be installed (required starting October 2022)Technology used to offer service at the location (required starting October 2022)
Location type (required starting October 2022)
Residential
If Residential, Number of Housing Units
Business
Community anchor institution
Speed tier at the location pre-SLFRF investment (collection to be phased in)
25/3 Mbps or below
Between 25/3 Mbps and 100/20 Mbps
Speed and latency at the location post-SLFRF investment (collection to be phased in)
Maximum download speed offered
Maximum download speed delivered
Maximum upload speed offered
Maximum upload speed delivered
Latency
Standardized FCC Identifiers
Fabric ID # (Broadband Serviceable Fabric Locations)
FCC Issued Provider ID #
Additional Required Programmatic Data for States, U.S. territories, and metropolitan cities and counties with a population that exceeds 250,000 residents only: As noted in the Recovery Plan Performance Report section of this guidance, states, U.S. territories, and metropolitan cities and counties with a population over 250,000 are required to provide additional data in the Project and Expenditure report for projects in the following expenditure categories. Treasury recognizes that recipients are reporting a broad set of projects under the following expenditure categories. It may be the case that a recipient is reporting a project under an expenditure category that is an eligible use of SLFRF funds for that expenditure category, in accordance with the 2022 final rule, but is not designed to meet the associated performance indicators. In these instances, recipients may report a “0” in these data fields. As described in the Performance Report section of the Recovery Plan Performance Report section, recipients have discretion on the full suite of performance indicators for inclusion in their Recovery Plans, including the list of required data for each expenditure category, where relevant.
Use of Evidence (for relevant ECs noted in Appendix 1)—Collection began April 2022
The dollar amount of the total project spending that is allocated towards evidence-based interventions
Whether a program evaluation of the project is being conducted
Household Assistance (EC 2.2), Long-Term Housing Security (EC 2.15-2.16) and Housing Support (EC 2.17-2.18):
Number of households receiving eviction prevention services (including legal representation)
Number of affordable housing units preserved or developed
Assistance to Unemployed or Underemployed Workers (EC 2.10) and Community Violence Interventions (EC 1.11):
Number of workers enrolled in sectoral job training programs
Number of workers completing sectoral job training programs
Number of people participating in summer youth employment programs
Addressing Educational Disparities (EC 2.24-2.26) and Addressing Impacts of Lost Instructional Time (EC 2.27):
Number of students participating in evidence-based tutoring programs21
Healthy Childhood Environments (EC 2.11-2.14):
Number of children served by childcare and early learning services (pre-school/pre-K/ages 3-5)
Number of families served by home visiting
NEU Documentation (NEUs only): Each NEU is also required to provide the following information once its accounts are established in Treasury’s Reporting Portal and prior to the due date for their first Project and Expenditure Report (due April 30, 2022):
Copy of the signed award terms and conditions agreement (which was signed and submitted to the State as part of the request for funding)
Copy of the signed assurances of compliance with Title VI of the Civil Rights Act of 1964 (which was signed and submitted to the State as part of the request for funding)
Copy of actual budget documents validating the top-line budget total provided to the State as part of the request for funding
NEU accounts are established in Treasury’s Portal based on information provided by the States or territories, as further described in Section Part 2 D below.
C. Recovery Plan Performance Report
States, territories, and metropolitan cities and counties with a population that exceeds 250,000 residents (i.e., Tier 1 recipients) will also be required to publish and submit to Treasury a Recovery Plan performance report (“Recovery Plan”). Each Recovery Plan must be posted on an easily discoverable webpage on the public-facing website of the recipient by the same date the recipient submits the report to Treasury. Treasury recommends that Recovery Plans be accessible within three clicks or fewer from the homepage of the recipient’s website. Within Treasury’s reporting portal, recipients must upload a link to the publicly available Recovery Plan and provide required data.
The Recovery Plan provides the public and Treasury both retrospective and prospective information on the projects recipients are undertaking or planning to undertake with program funding and how they are planning to ensure program outcomes are achieved in an effective, efficient, and equitable manner. While this guidance outlines some minimum requirements for the Recovery Plan, each recipient is encouraged to add information to the plan that they feel is appropriate to provide information to their constituents on efforts they are taking to respond to the pandemic and promote economic recovery. Each jurisdiction may determine the general form and content of the Recovery Plan, as long as it includes the minimum information required by Treasury. Treasury provided a template (located at www.treasury.gov/SLFRP) but recipients may modify this template as appropriate for their jurisdiction, provided the modified template meets Treasury’s requirements, outlined below. Through the Recovery Plan, recipients may link to public documents, including, but not limited to, legislation, dashboards, survey results, community engagement reports, and equity frameworks to support the Recovery Plan narrative. The Recovery Plan should include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury, as noted below.
The initial Recovery Plan covered the period from the date of award to July 31, 2021 and was required to be submitted to Treasury by August 31, 2021, or 60 days after receiving funding. Thereafter, the Recovery Plan will cover a 12-month period and recipients are required to submit the report to Treasury after the end of the 12-month period by July 31. The Recovery Plan should include both retrospective information covering the time period of the Recovery Plan along with prospective information on future work to be undertaken with SLFRF funds or on the planning that has been undertaken during the covered period. Table 5 summarizes the report timelines:
Table 5 Recovery Plan Timeline
Annual Report |
Period Covered |
Due Date |
1 |
Award Date – July 31, 2021 |
August 31, 2021 or 60 days after receiving funding |
2 |
July 1, 2021 – June 30, 2022 |
July 31, 2022 |
3 |
July 1, 2022 – June 30, 2023 |
July 31, 2023 |
4 |
July 1, 2023 – June 30, 2024 |
July 31, 2024 |
5 |
July 1, 2024 – June 30, 2025 |
July 31, 2025 |
6 |
July 1, 2025 – June 30, 2026 |
July 31, 2026 |
7 |
July 1, 2026 – December 31, 2026 |
April 30, 2027 |
Recovery Plans submitted as part of reporting are used by Treasury, third party organizations, the public, and other stakeholders to obtain a comprehensive understanding of SLFRF’s largest recipients’ planned and actual usage of SLFRF funding, including the jurisdiction’s policy goals, its strategy for achieving them, and specific projects or initiatives underway. Alignment of data reported in Project and Expenditure reports and Recovery Plans is expected by both Treasury and SLFRF’s many stakeholders. Finally, Recovery Plans will be posted publicly by Treasury to provide transparency about how program funds are being used by recipient governments.
The Recovery Plan must include, at a minimum, the following information:
Executive Summary
In this section, recipients should provide a high-level overview of the jurisdiction’s intended and actual uses of funding including, but not limited to: the jurisdiction’s strategy, goals, and plan for using Fiscal Recovery Funds to respond to the pandemic and promote economic recovery, key outcome goals, progress to date on those outcomes, and any noteworthy challenges or opportunities identified during the reporting period.
Uses of Funds
In this section, recipients should describe in further detail the strategy and goals of their jurisdiction’s SLFRF program, such as how their jurisdiction’s approach would help support a strong and equitable recovery from the COVID-19 pandemic and economic downturn. Recipients should describe how their intended and actual uses of funds will achieve their goals. Given the broad eligible uses of funds established by the 2022 final rule and the 2023 IFR and the specific needs of different jurisdictions, recipients should also explain how the funds would support the communities, populations, or individuals in their jurisdiction. Recipients should describe how their use of funds supports their overall strategy and goals in the following areas:
Public Health (EC 1): As relevant, describe how funds are being used to respond to COVID-19, the broader health impacts of COVID-19, and the COVID-19 public health emergency, including community violence interventions and behavioral health.
Negative Economic Impacts (EC 2): As relevant, describe how funds are being used to respond to negative economic impacts of the COVID-19 public health emergency, including services to households (such as affordable housing, job training, and childcare), small businesses, non-profits, and impacted industries.
Public Health-Negative Economic Impact: Public Sector Capacity (EC 3): As relevant, describe how funds are being used to support public sector workforce and capacity, including public sector payroll, rehiring of public sector workers, and building of public sector capacity.
Premium Pay (EC 4): As relevant, describe the approach, goals, and sectors or occupations served in any premium pay program. Describe how the approach prioritizes low-income workers and/or any particular group of eligible workers.
Water, sewer, and broadband infrastructure (EC 5): As relevant, describe the approach, goals, and types of projects being pursued. Where relevant, recipients should note how projects contribute to addressing climate change and/or how projects benefit disadvantaged communities in line with the Justice40 Initiative.22
Revenue Replacement (EC 6): Describe the loss in revenue, including if electing the standard allowance, due to the COVID-19 public health emergency, and how funds have been used to provide government services, including any funds used under revenue loss for non-federal cost-share or matching requirements of other federal programs.
Emergency Relief from Natural Disasters (EC 8): As relevant, describe how funds are being used to provide emergency relief from natural disasters that have occurred or are expected to occur imminently, or are threatened to occur in the future.
Surface Transportation (EC 9): As relevant, describe how funds are being used to support projects eligible under the 26 transportation programs specified in the Consolidated Appropriations Act, 2023.
Title I (EC 10): As relevant, describe how funds are being used for activities that are eligible under section 105(a) of the Housing and Community Development Act of 1974 (Title I projects), which are the activities eligible under the Community Development Block Grant (CDBG) and Indian Community Development Block Grant (ICDBG) programs.
If appropriate, recipients may also include information on their jurisdiction’s use (or planned use) of other federal recovery funds, including other programs under the American Rescue Plan such as Emergency Rental Assistance, the Homeowner Assistance Fund, the Capital Projects Fund, the State Small Business Credit Initiative, and so forth, to provide broader context on the overall approach for pandemic recovery. Jurisdictions may also address use of SLFRF funds in coordination with, or in preparation for, funding available through the Infrastructure Investment and Jobs Act.
Promoting equitable outcomes
Treasury encourages uses of funds that advance strong, equitable growth, including economic and racial equity. For the purposes of the SLFRF, equity is described in the Executive Order 13985 On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as issued on January 20, 2021. Recipients also are encouraged to review the definition and discussion of equity in Executive Order 14091, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, as issued on February 16, 2023.
In this section, recipients should describe, as applicable, their efforts to promote equitable outcomes, including economic and racial equity, and their efforts to design, implement, and measure their SLFRF program and projects with equity in mind.
In describing their efforts to design their SLFRF program and projects with equity in mind, recipients may consider the following:
Goals: Are there particular historically underserved, marginalized, or adversely affected groups that recipients intend to serve within their jurisdiction?
Awareness: How equitable and practical is the ability for residents or businesses to become aware of the services funded by SLFRF?
Access and Distribution: Are there differences in levels of access to benefits and services across groups? Are there administrative requirements that result in disparities in ability to complete applications or meet eligibility criteria?
Outcomes: How are intended outcomes focused on closing gaps and/or reaching universal levels of service? How is the considering disaggregating outcomes by race, ethnicity, and other equity dimensions where relevant for the policy objective?
In describing their efforts to implement their SLFRF program and projects with equity in mind, recipients may consider the following:
Goals and Targets: Please describe how planned or current uses of funds prioritize economic and racial equity as a goal, name specific targets intended to produce meaningful equity results at scale, and include initiatives to achieve those targets.
Project Implementation: In addition, please explain how the jurisdiction’s overall equity strategy translates into focus areas for SLFRF projects and the specific services or programs offered by the jurisdiction in the following Expenditure Category, as indicated in the 2022 final rule.
Negative Economic Impacts (EC 2): assistance to households, small businesses, and non-profits to address impacts of the pandemic, which have been most severe among low-income populations. This includes assistance with food, housing, and other needs; employment programs for people with barriers to employment who faced negative economic impacts from the pandemic (such as residents of low-income neighborhoods, minorities, disconnected youth, the unemployed, formerly incarcerated people, veterans, and people with disabilities); services to provide long-term housing security and housing supports, address educational disparities, or provide child care and early learning services; and other strategies that provide impacted and disproportionately impacted communities with services to address the negative economic impacts of the pandemic
The first annual Recovery Plan, due in 2021, was required to describe initial efforts and intended outcomes to promote equity, as applicable. Beginning in 2022, each annual Recovery Plan must provide an update, using qualitative and quantitative data, on how the recipients’ approach achieved or promoted equitable outcomes or progressed against equity goals during the performance period, as applicable. Each jurisdiction should describe any constraints or challenges that impacted project success in terms of increasing equity. In particular, this section should describe the geographic and demographic distribution of funding, including whether it is targeted toward traditionally marginalized communities (recipients may reference the demographic data information in their Project and Expenditure Reports as relevant).
Community Engagement
In this section, recipients should describe how their jurisdiction’s planned or current use of funds incorporates community engagement strategies including written feedback through surveys, project proposals, and related documents; oral feedback through community meetings, issue-specific listening sessions, stakeholder interviews, focus groups, and additional public engagement; as well as other forms of input, such as steering committees, taskforces, and digital campaigns that capture diverse feedback from the community. Recipients may describe completed or planned community engagement strategies specifically focused on their SLFRF program and projects or community engagement strategies that included SLFRF among other government programs. Recipients should also describe how community engagement strategies support their equity goals, including engagement with communities that have historically faced significant barriers to services, such as people of color, people with low incomes, limited English proficient populations, and other traditionally underserved groups.
Labor Practices
In this section, recipients should describe workforce practices on any infrastructure projects or capital expenditures being pursued. How are projects using strong labor standards to promote effective and efficient delivery of high-quality infrastructure projects while also supporting the economic recovery through strong employment opportunities for workers? For example, report whether any of the following practices are being utilized: project labor agreements, community benefits agreements, prevailing wage requirements, and local hiring.
Use of Evidence
In this section of the Recovery Plan, recipients should describe whether and how evidence-based interventions and/or program evaluation are incorporated into their SLFRF program. Recipients may include links to evidence standards, evidence dashboards, evaluation policies, and other public facing tools that are used to track and communicate the use of evidence and evaluation for Fiscal Recovery Funds. Recipients are encouraged to consider how a learning agenda, either narrowly focused on SLFRF or broadly focused on the recipient’s broader policy agenda, could support their overarching evaluation efforts in order to create an evidence-building strategy for their jurisdiction.23
In the Project Inventory section of the Recovery Plan (see Section 8 below), recipients should identify whether SLFRF funds are being used for evidence-based interventions24 and/or if projects are being evaluated through rigorous program evaluations that are designed to build evidence. In the Project Inventory, recipients must briefly describe the goals of the project and the evidence base for the interventions funded by the project. As part of the Project Inventory section, recipients must also specifically identify the dollar amount of the total project spending that is allocated towards evidence-based interventions for each project in the Expenditure Categories noted with an asterisk in Appendix 1. Please note that to increase consistency, the Project and Expenditure report now also includes fields for recipients to identify the dollar amount of the total project spending that is allocated to evidence-based interventions and to indicate if a program evaluation of the project is being conducted.
Recipients are encouraged to reference relevant evidence clearinghouses, among other sources, to assess the level of evidence for their interventions and identify evidence-based models that could be applied in their jurisdiction; such evidence clearinghouses include the U.S. Department of Education’s What Works Clearinghouse, the U.S. Department of Labor’s CLEAR, and the Childcare & Early Education Research Connections and the Home Visiting Evidence of Effectiveness clearinghouses from Administration for Children and Families, as well as other clearinghouses relevant to particular projects conducted by the recipient.
Recipients are exempt from reporting on evidence-based interventions in cases where a program evaluation is being conducted. In such cases where a recipient is conducting a program evaluation, recipients must describe the evaluation design, including whether it is a randomized or quasi-experimental design; the key research questions being evaluated; whether the study has sufficient statistical power to disaggregate outcomes by demographics; and the timeframe for the completion of the evaluation (including a link to the completed evaluation if relevant).25 Once the evaluation has been completed, recipients must post the evaluation publicly and link to the completed evaluation in the Recovery Plan. Once an evaluation has been completed (or has sufficient interim findings to determine the efficacy of the intervention), recipients should determine whether the spending for the evaluated interventions should be counted towards the dollar amount categorized as evidence-based for the relevant project.
For all projects, recipients may be selected to participate in a national evaluation, which might, for example, study their project along with similar projects in other jurisdictions that are focused on the same set of outcomes. In such cases, recipients may be asked to share information and data that is needed for the national evaluation.
Appendix 2 contains additional information on evidence-based interventions for the purposes of the Recovery Plan.
Performance Report
In this section, recipients should describe how performance management is incorporated into their SLFRF program, including how they are tracking their overarching jurisdictional goals for these funds as well as measuring results for individual projects. The recipient has flexibility in terms of how this information is presented in the Recovery Plan, and may report key performance indicators for each project, or may group projects with substantially similar goals and the same outcome measures. In some cases, the recipient may choose to include some indicators for each individual project as well as crosscutting indicators. Recipients may include links to performance management dashboards, performance management policies, and other public facing tools that are used to track and communicate the performance of Fiscal Recovery Funds. In addition to outlining in this section their high-level approach to performance management, recipients must also include key performance indicators for each SLFRF project in the Project Inventory section (described below in #8).
Performance indicators should include both output and outcome measures. Output measures, such as the number of students enrolled in an early learning program, provide valuable information about the early implementation stages of a project. Outcome measures, such as the percent of students reading on grade level, provide information about whether a project is achieving its overall goals. Recipients are encouraged to use logic models26 to identify their output and outcome measures.
While the initial Recovery Plan focused heavily on early output goals, recipients should include the related outcome goal for each project and provide updated information on achieving these outcome goals in subsequent annual reports. In cases where recipients are conducting a program evaluation for a project (as described above), the outcome measures in the performance report should be aligned with those being evaluated in the program. As described in the 2022 final rule, to support their performance measurement and program improvement efforts, recipients are permitted to use funds to make improvements to data or technology infrastructure and data analytics, as well as perform program evaluations.
While recipients have discretion on the full suite of performance indicators to include, a number of mandatory performance indicators and programmatic data must be included. These are necessary to allow Treasury to conduct oversight as well as understand and aggregate program outcomes across recipients. This section provides an overview of the mandatory performance indicators and programmatic data. This information should be included in the Project Inventory, but this data will also need to be entered directly into the Treasury reporting portal as part of the Project and Expenditure report, as Treasury has added these fields (for Tier 1 recipients only) to the Project and Expenditure report. Below is a list of required data for each Expenditure Category, where relevant.
Household Assistance (EC 2.2), Long-Term Housing Security (EC 2.15-2.16) and Housing Support (EC 2.17-2.18):
Number of households receiving eviction prevention services (including legal representation)
Number of affordable housing units preserved or developed
Assistance to Unemployed or Underemployed Workers (EC 2.10) and Community Violence Interventions (EC 1.11):
Number of workers enrolled in sectoral job training programs
Number of workers completing sectoral job training programs
Number of people participating in summer youth employment programs
Addressing Educational Disparities (EC 2.24-2.26) and Addressing Impacts of Lost Instructional Time (EC 2.27):
Number of students participating in evidence-based tutoring programs27
Healthy Childhood Environments (EC 2.11-2.14):
Number of children served by childcare and early learning services (pre-school/pre-K/ages 3-5)
Number of families served by home visiting
The initial report should have included the key indicators above. Each annual report thereafter should include updated data for the performance period as well as prior period data, and a brief narrative adding any additional context to help the reader interpret the results and understand any changes in performance indicators over time. To the extent possible, Treasury also encourages recipients to provide data disaggregated by race, ethnicity, gender, income, and other relevant factors.
Project Inventory
In this section, recipients should list the name and provide a brief description of each SLFRF funded project. Projects are defined as a grouping of closely related activities that together are intended to achieve a specific goal or are directed toward a common purpose. These activities can include new or existing eligible government services or investments funded in whole or in part by SLFRF funding.
For each project, recipients should include the project name, funding amount, identification number (the same identification number created by the recipient that matches the identification number used in the quarterly Project and Expenditure Report), project Expenditure Category (see Appendix 1), and a description of the project that includes an overview of the main activities of the project, approximate timeline, primary delivery mechanisms and partners, and intended outcomes. Each jurisdiction should also include a link to the website of the project if available. This information will provide context and additional detail for the information reported quarterly in the Project and Expenditure Report.
For infrastructure projects, where relevant, recipients should describe how the project contributes to addressing climate change and/or advances the Justice40 Initiative28, which sets a target of providing 40 percent of the overall benefits of certain federal investments, including climate and clean energy investments to disadvantaged communities.
As noted above in section 6, the Project Inventory must also include information about the dollar amount of the total project spending that is allocated towards evidence-based interventions (or describe how projects are being evaluated as noted above). As described above in section 7, the Project Inventory must also contain information about the performance indicators for each project, including both those measures that recipients have defined for each project as well as the mandatory performance indicators defined by Treasury.
Recipients have flexibility in the presentation and format of their Project Inventory, provided it includes the minimum required information. Recipients have the option of downloading a spreadsheet of the information entered into their Project and Expenditure Report to assist them in creating the Project Inventory in their Recovery Plan. However, recipients must ensure that their Project Inventory contains the additional information required by this guidance, including but not limited to information about performance measures and evidence/evaluation for each project. In all cases, recipients must post publicly (and submit to Treasury) a single PDF file of their Recovery Plan, which includes the Project Inventory.
D. Distributions to NEUs
Each state and territory is required to provide regular updates on their NEU distributions as well as their distributions to units of general local government within counties that are not units of general local government. The distribution template generally requests information on whether the local government has (1) received funding; (2) declined funding and requested a transfer to the state under Section 603(c)(4) of the Act; or (3) not taken action on its funding or declined funding.
For NEUs, states and territories should be prepared to report on their information, including the following:
NEU name
NEU UEI number
NEU Taxpayer Identification Number (TIN)
NEU Recipient Number (a unique identification code for each NEU assigned by the State or territory to the NEU as part of the request for funding)
NEU contact information (e.g., address, point of contact name, point of contact email address, and point of contact phone number)
NEU authorized representative name and email address
Initial allocation and, if applicable, subsequent allocation to the NEU (before application of the 75 percent cap)
Total NEU reference budget (as submitted by the NEU to the State or territory as part of the request for funding)
Amount of the initial and, if applicable, subsequent allocation above 75 percent of the NEU’s reference budget which will be returned to Treasury
Payment amount(s)
Payment date(s)
States with “weak” minor civil divisions (i.e., Illinois, Indiana, Kansas, Missouri, Nebraska, North Dakota, Ohio, and South Dakota) should also list any minor civil divisions that the state deemed ineligible.
For each eligible NEU that declined funding and requested a transfer to the state under Section 603(c)(4) of the Social Security Act, the state or territory must also attach a form signed by the NEU, as detailed in the Guidance on Distributions of Funds to Non-Entitlement Units of Local Government.
Appendix 1: Expenditure Categories
Treasury’s 2022 final rule provides greater flexibility and simplicity for recipients to fight the pandemic and support families and businesses struggling with its impacts, maintain vital services amid revenue shortfalls, and build a strong, resilient, and equitable recovery. As such, recipients began reporting on a broader set of eligible uses and associated Expenditure Categories (“EC”), starting with the April 2022 Project and Expenditure Report than they did in their interim reports, initial Recovery Plans, and January 2022 Project and Expenditure Report. The table below includes the ECs from the 2022 final rule, as well as a reference to previous ECs aligned with the 2021 IFR and used for reporting before this date.
Treasury’s 2023 IFR describes how recipients may use SLFRF funds to provide emergency relief from natural disasters, build surface transportation infrastructure, and support community development. This table was updated in September 2023 to reflect the new eligible uses described in the 2023 IFR.
The ECs listed below must be used to categorize each project as noted in Part 2 above. The term “Expenditure Category” refers to the detailed level (e.g., 1.1 COVID-19 Vaccination). When referred to as a category (e.g., EC 1) it includes all ECs within that level.
*Denotes areas where recipients must identify the amount of the total funds that are allocated to evidence-based interventions (see Use of Evidence section above for details)
^Denotes areas where recipients must report on whether projects are primarily serving disproportionately impacted communities (see Project Demographic Distribution section above for details)
Expenditure Category |
EC29 |
Previous EC30 |
1: Public Health |
||
COVID-19 Mitigation & Prevention |
||
COVID-19 Vaccination^ |
1.1 |
1.1 |
COVID-19 Testing^ |
1.2 |
1.2 |
COVID-19 Contact Tracing^ |
1.3 |
1.3 |
Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools, Child care facilities, etc.)*^ |
1.4 |
1.4 |
Personal Protective Equipment^ |
1.5 |
1.5 |
Medical Expenses (including Alternative Care Facilities)^ |
1.6 |
1.6 |
Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine)^ |
1.7 |
1.8 |
COVID-19 Assistance to Small Businesses^ |
1.8 |
- |
COVID 19 Assistance to Non-Profits^ |
1.9 |
- |
COVID-19 Aid to Impacted Industries^ |
1.10 |
- |
Community Violence Interventions |
||
Community Violence Interventions*^ |
1.11 |
3.16 |
Behavioral Health |
||
Mental Health Services*^ |
1.12 |
1.10 |
Substance Use Services*^ |
1.13 |
1.11 |
Other |
||
Other Public Health Services^ |
1.14 |
1.12 |
Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency |
- |
1.7 |
2: Negative Economic Impacts |
||
Assistance to Households |
||
Household Assistance: Food Programs*^ |
2.1 |
2.1 |
Household Assistance: Rent, Mortgage, and Utility Aid*^ |
2.2 |
2.2 |
Household Assistance: Cash Transfers*^ |
2.3 |
2.3 |
Household Assistance: Internet Access Programs*^ |
2.4 |
2.4 |
Household Assistance: Paid Sick and Medical Leave^ |
2.5 |
- |
Household Assistance: Health Insurance*^ |
2.6 |
- |
Household Assistance: Services for Un/Unbanked*^ |
2.7 |
- |
Household Assistance: Survivor's Benefits^ |
2.8 |
- |
Unemployment Benefits or Cash Assistance to Unemployed Workers*^ |
2.9 |
2.6 |
Assistance to Unemployed or Underemployed Workers (e.g. job training, subsidized employment, employment supports or incentives)*^ |
2.10 |
2.7 |
Healthy Childhood Environments: Child Care*^ |
2.11 |
3.6 |
Healthy Childhood Environments: Home Visiting*^ |
2.12 |
3.7 |
Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System*^ |
2.13 |
3.8 |
Healthy Childhood Environments: Early Learning*^ |
2.14 |
3.1 |
Long-term Housing Security: Affordable Housing*^ |
2.15 |
3.10 |
Long-term Housing Security: Services for Unhoused Persons*^ |
2.16 |
3.11 |
Housing Support: Housing Vouchers and Relocation Assistance for Disproportionately Impacted Communities*^ |
2.17 |
- |
Housing Support: Other Housing Assistance*^ |
2.18 |
3.12 |
Social Determinants of Health: Community Health Workers or Benefits Navigators*^ |
2.19 |
3.14 |
Social Determinants of Health: Lead Remediation*^ |
2.20 |
3.15 |
Medical Facilities for Disproportionately Impacted Communities^ |
2.21 |
- |
Strong Healthy Communities: Neighborhood Features that Promote Health and Safety^ |
2.22 |
- |
Strong Healthy Communities: Demolition and Rehabilitation of Properties^ |
2.23 |
- |
Addressing Educational Disparities: Aid to High-Poverty Districts^ |
2.24 |
3.2 |
Addressing Educational Disparities: Academic, Social, and Emotional Services*^ |
2.25 |
3.3 |
Addressing Educational Disparities: Mental Health Services*^ |
2.26 |
3.4 |
Addressing Impacts of Lost Instructional Time^ |
2.27 |
- |
Contributions to UI Trust Funds^ |
2.28 |
2.8 |
Assistance to Small Businesses |
||
Loans or Grants to Mitigate Financial Hardship^ |
2.29 |
2.9 |
Technical Assistance, Counseling, or Business Planning*^ |
2.30 |
|
Rehabilitation of Commercial Properties or Other Improvements^ |
2.31 |
- |
Business Incubators and Start-Up or Expansion Assistance*^ |
2.32 |
|
Enhanced Support to Microbusinesses*^ |
2.33 |
|
Assistance to Non-Profits |
||
Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted)^ |
2.34 |
2.10 |
Aid to Impacted Industries |
||
Aid to Tourism, Travel, or Hospitality^ |
2.35 |
2.11 |
Aid to Other Impacted Industries^ |
2.36 |
2.12 |
Other |
||
Economic Impact Assistance: Other*^ |
2.37 |
2.13 |
Household Assistance: Eviction Prevention*^ |
- |
2.5 |
Education Assistance: Other*^ |
- |
3.5 |
Healthy Childhood Environments: Other*^ |
- |
3.9 |
Social Determinants of Health: Other*^ |
- |
3.13 |
3: Public Health-Negative Economic Impact: Public Sector Capacity |
||
General Provisions |
||
Public Sector Workforce: Payroll and Benefits for Public Health, Public Safety, or Human Services Workers |
3.1 |
1.9 |
Public Sector Workforce: Rehiring Public Sector Staff |
3.2 |
2.14 |
Public Sector Workforce: Other |
3.3 |
- |
Public Sector Capacity: Effective Service Delivery |
3.4 |
7.2 |
Public Sector Capacity: Administrative Needs |
3.5 |
- |
4: Premium Pay |
||
Public Sector Employees |
4.1 |
4.1 |
Private Sector: Grants to Other Employers |
4.2 |
4.2 |
5: Water, Sewer, and Broadband Infrastructure |
||
Water and Sewer |
||
Clean Water: Centralized Wastewater Treatment |
5.1 |
5.1 |
Clean Water: Centralized Wastewater Collection and Conveyance |
5.2 |
5.2 |
Clean Water: Decentralized Wastewater |
5.3 |
5.3 |
Clean Water: Combined Sewer Overflows |
5.4 |
5.4 |
Clean Water: Other Sewer Infrastructure |
5.5 |
5.5 |
Clean Water: Stormwater |
5.6 |
5.6 |
Clean Water: Energy Conservation |
5.7 |
5.7 |
Clean Water: Water Conservation |
5.8 |
5.8 |
Clean Water: Nonpoint Source |
5.9 |
5.9 |
Drinking water: Treatment |
5.10 |
5.10 |
Drinking water: Transmission & Distribution |
5.11 |
5.11 |
Drinking water: Lead Remediation, including in Schools and Daycares |
5.12 |
5.12 |
Drinking water: Source |
5.13 |
5.13 |
Drinking water: Storage |
5.14 |
5.14 |
Drinking water: Other water infrastructure |
5.15 |
5.15 |
Water and Sewer: Private Wells |
5.16 |
- |
Water and Sewer: IIJA Bureau of Reclamation Match |
5.17 |
- |
Water and Sewer: Other |
5.18 |
- |
Broadband |
||
Broadband: “Last Mile” projects |
5.19 |
5.16 |
Broadband: IIJA Match |
5.20 |
- |
Broadband: Other projects |
5.21 |
5.17 |
6: Revenue Replacement |
||
Provision of Government Services |
6.1 |
6.1 |
Non-federal Match for Other Federal Programs |
6.2 |
- |
7: Administrative |
||
Administrative Expenses |
7.1 |
7.1 |
Transfers to Other Units of Government |
7.2 |
7.3 |
Transfers to Non-entitlement Units (States and territories only) |
- |
7.4 |
Costs Associated with Satisfying the Certain Legal andAdministrative Requirements of the SLFRF program After December 31, 2024 |
7.5 |
- |
8: Emergency Relief from Natural Disasters |
|
|
Temporary Emergency Housing |
8.1 |
- |
Food Assistance |
8.2 |
- |
Financial Assistance for Lost Wages |
8.3 |
- |
Other Immediate Needs: Emergency Protective Measures |
8.4 |
- |
Other Immediate Needs: Debris Removal |
8.5 |
- |
Other Immediate Needs: Public Infrastructure Repair |
8.6 |
- |
Other Immediate Needs: Home Repairs for Uninhabitable Primary Residences |
8.7 |
- |
Other Immediate Needs: Cash Assistance for Uninsured or Underinsured Expenses |
8.8 |
- |
Other Immediate Needs: Cash Assistance for Low Income Households |
8.9 |
- |
Other Immediate Needs: Increased Operational and Payroll Costs |
8.10 |
- |
Other Emergency Relief: Natural Disaster that Has Occurred/Expected to Occur Imminently |
8.11 |
- |
Mitigation Activities |
8.12 |
|
Other Emergency Relief: Natural Disaster that is Threatened to Occur in the Future |
8.13 |
- |
9: Surface Transportation projects |
|
|
Surface Transportation Projects receiving funding from DOT |
9.1 |
- |
Surface Transportation Projects not receiving funding from DOT: Streamlined Framework |
9.2 |
- |
Non-federal share requirements for a Surface Transportation project or repaying a TIFIA loan |
9.3 |
- |
10: Title I projects |
|
|
Acquisition of real property |
10.1 |
- |
Acquisition, construction, reconstruction, or installation of public works, sites, or other public purposes |
10.2 |
- |
Code enforcement in deteriorated or deteriorating areas |
10.3 |
- |
Clearance, demolition, removal, reconstruction, and rehabilitation |
10.4 |
- |
Removal of barriers restricting mobility and accessibility of elderly and handicapped persons |
10.5 |
- |
Payments to housing owners for losses of rental income for holding units for relocation of displaced persons |
10.6 |
- |
Disposition or retention of real property |
10.7 |
- |
Provision of public services |
10.8 |
- |
Payment of non-federal match or cost-share requirements of a federal financial assistance program in support of activities that would be eligible under Title I |
10.9 |
- |
Payment of the cost of completing a project funded under title I of the Housing Act of 1949 |
10.10 |
|
Relocation payments and assistance for displaced individuals, families, businesses, organizations, and farm operations |
10.11 |
- |
Community development plan or policy-planning-management capacity development |
10.12 |
- |
Payment of reasonable administrative costs related to establishing and administering federally approved enterprise zones, administering the HOME program, or planning and executing community development and housing activities. |
10.13 |
- |
Provision of assistance for activities carried out by public or private nonprofit entities |
10.14 |
- |
Assistance to carry out a neighborhood revitalization or community economic development or energy conservation project, or for development of shared housing opportunities |
10.15 |
- |
Development of energy use strategies |
10.16 |
- |
Assistance to private, for-profit entities to carry out economic development projects |
10.17 |
- |
Rehabilitation or development of housing assisted under 42 U.S.C. 1437o |
10.18 |
- |
Technical assistance to public or nonprofit entities to increase their capacity to carry out neighborhood revitalization or economic development activities |
10.19 |
- |
Housing services |
10.20 |
- |
Assistance to institutions of higher education |
10.21 |
- |
Assistance to public and private organizations, agencies, and other entities to facilitate economic development |
10.22 |
- |
Activities necessary to make essential repairs and to pay operating expenses to maintain habitability of housing units acquired through tax foreclosure proceedings |
10.23 |
- |
Direct assistance to facilitate and expand homeownership |
10.24 |
- |
Construction or improvement of tornado-safe-shelters and assistance to nonprofit and for-profit entities for such construction or improvement |
10.25 |
- |
Lead-based paint hazard evaluation and reduction |
10.26 |
- |
Treasury has prepared the additional guidance below to support recipients in implementing the new expenditure categories. This table includes only those previous expenditure categories that are changing under the new structure, aligned with the 2022 final rule.
January 2022 Expenditure Categories |
April 2022 Guidance |
1: Public Health |
|
1.7 Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency |
EC removed, capital expenditures can be designated in any relevant PH-NEI EC (e.g., new hospital wing would be tracked under EC 1.4) |
1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine) |
EC is 1.7 |
1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to COVID-19 |
EC is 3.1 |
1.10 Mental Health Services* |
EC is 1.12 |
1.11 Substance Use Services* |
EC is 1.13 |
1.12 Other Public Health Services |
EC is 1.14 |
2: Negative Economic Impacts |
|
2.5 Household Assistance: Eviction Prevention |
EC is now included as part of 2.2 |
2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers* |
EC is 2.9 |
2.7 Job Training Assistance (e.g., Sectoral job-training, Subsidized Employment, Employment Supports or Incentives)*^ |
EC is 2.10 |
2.8 Contributions to UI Trust Funds |
EC is 2.28 |
2.9 Small Business Economic Assistance (General)*^ |
If public-health related (e.g., providing rapid tests for small businesses), EC is 1.8; if related to negative economic impact eligible use (e.g., grants, technical assistance, rehabilitation, incubators, or microbusinesses), EC is 2.29-2.33 |
2.10 Aid to Nonprofit Organizations* |
If public-health related (e.g., providing rapid tests for non-profits), EC is 1.9; if related to negative economic impact (e.g., grants to stabilize non-profit budget), EC is 2.34 |
2.11 Aid to Tourism, Travel, or Hospitality |
EC is 2.35 |
2.12 Aid to Other Impacted Industries |
EC is 2.36 |
2.13 Other Economic Support*^ |
EC is 2.37, re-named Other Economic Impact |
2.14 Rehiring Public Sector Staff |
EC is 3.2 |
3: Services to Disproportionately Impacted Communities |
|
3.1 Education Assistance: Early Learning*^ |
EC is 2.14 |
3.2 Education Assistance: Aid to High-Poverty Districts ^ |
EC is 2.24 |
3.3 Education Assistance: Academic Services*^ |
EC is 2.25, social and emotional services will now be tracked under this EC |
3.4 Education Assistance: Social, Emotional, and Mental Health Services*^ |
EC is 2.26, if social and emotional services, EC is 2.25; |
3.5 Education Assistance: Other*^ |
EC is 2.37, collected under Other Economic Impact |
3.6 Healthy Childhood Environments: Child Care*^ |
EC is 2.11 |
3.7 Healthy Childhood Environments: Home Visiting*^ |
EC is 2.12 |
3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System*^ |
EC is 2.13 |
3.9 Healthy Childhood Environments: Other*^ |
EC is 2.37, collected under Other Economic Impact |
3.10 Housing Support: Affordable Housing*^ |
EC is 2.15 |
3.11 Housing Support: Services for Unhoused Persons*^ |
EC is 2.16 |
3.12 Housing Support: Other Housing Assistance*^ |
EC is 2.18 |
3.13 Social Determinants of Health: Other*^ |
EC is 2.37, collected under Other Economic Impact |
3.14 Social Determinants of Health: Community Health Workers or Benefits Navigators*^ |
EC is 2.19 |
3.15 Social Determinants of Health: Lead Remediation^ |
EC is 2.20 |
3.16 Social Determinants of Health: Community Violence Interventions*^ |
EC is 1.11 |
5: Infrastructure |
|
5.16 Broadband: “Last Mile” projects |
EC is 5.19 |
5.17 Broadband: Other projects |
EC is 5.20 |
7: Administrative |
|
7.2 Evaluation and Data Analysis |
EC is 3.4 and has been renamed Effective Service Delivery |
7.3 Transfers to Other Units of Government |
EC is 7.2 |
7.4 Transfers to Non-entitlement Units (States and territories only) |
To be separately reported as part of NEU/Non-UGLG module. Refer to Part 2 Section D. |
Appendix 2: Evidenced-Based Intervention Additional Information
What is evidence-based?
For the purposes of the SLFRF, with the exception of investments in educational services (see additional information below), evidence-based refers to interventions with strong or moderate evidence as defined below:
Strong evidence means that the evidence base can support causal conclusions for the specific program proposed by the applicant with the highest level of confidence. This consists of one or more well-designed and well-implemented experimental studies conducted on the proposed program with positive findings on one or more intended outcomes.
Moderate evidence means that there is a reasonably developed evidence base that can support causal conclusions. The evidence base consists of one or more quasi-experimental studies with positive findings on one or more intended outcomes OR two or more non-experimental studies with positive findings on one or more intended outcomes. Examples of research that meet the standards include: well-designed and well-implemented quasi-experimental studies that compare outcomes between the group receiving the intervention and a matched comparison group (i.e., a similar population that does not receive the intervention).
Preliminary evidence means that the evidence base can support conclusions about the program’s contribution to observed outcomes. The evidence base consists of at least one non-experimental study. A study that demonstrates improvement in program beneficiaries over time on one or more intended outcomes OR an implementation (process evaluation) study used to learn about and improve program operations would constitute preliminary evidence. Examples of research that meet the standards include: (1) outcome studies that track program beneficiaries through a service pipeline and measure beneficiaries’ responses at the end of the program; and (2) pre- and post-test research that determines whether beneficiaries have improved on an intended outcome.
For investments in educational services, "evidence-based", consistent with the American Rescue Plan Act, has the meaning in section 8101(21) of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 6301 et seq.). Please see page 16 of this Frequently Asked Questions resource on the Department of Education's Elementary and Secondary School Emergency Relief Programs and Governor's Emergency Education Relief Programs for more information.
Appendix 3: Expenditure Categories aligned with the 2021 Interim Final Rule
1: Public Health |
1.1 COVID-19 Vaccination ^ |
1.2 COVID-19 Testing ^ |
1.3 COVID-19 Contact Tracing |
1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools, etc.)* |
1.5 Personal Protective Equipment |
1.6 Medical Expenses (including Alternative Care Facilities) |
1.7 Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency |
1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine) |
1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to COVID-19 |
1.10 Mental Health Services* |
1.11 Substance Use Services* |
1.12 Other Public Health Services |
2: Negative Economic Impacts |
2.1 Household Assistance: Food Programs* ^ |
2.2 Household Assistance: Rent, Mortgage, and Utility Aid* ^ |
2.3 Household Assistance: Cash Transfers* ^ |
2.4 Household Assistance: Internet Access Programs* ^ |
2.5 Household Assistance: Eviction Prevention* ^ |
2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers* |
2.7 Job Training Assistance (e.g., Sectoral job-training, Subsidized Employment, Employment Supports or Incentives)* ^ |
2.8 Contributions to UI Trust Funds |
2.9 Small Business Economic Assistance (General)* ^ |
2.10 Aid to Nonprofit Organizations* |
2.11 Aid to Tourism, Travel, or Hospitality |
2.12 Aid to Other Impacted Industries |
2.13 Other Economic Support* ^ |
2.14 Rehiring Public Sector Staff |
3: Services to Disproportionately Impacted Communities |
3.1 Education Assistance: Early Learning* ^ |
3.2 Education Assistance: Aid to High-Poverty Districts ^ |
3.3 Education Assistance: Academic Services* ^ |
3.4 Education Assistance: Social, Emotional, and Mental Health Services* ^ |
3.5 Education Assistance: Other* ^ |
3.6 Healthy Childhood Environments: Child Care* ^ |
3.7 Healthy Childhood Environments: Home Visiting* ^ |
3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System* ^ |
3.9 Healthy Childhood Environments: Other* ^ |
3.10 Housing Support: Affordable Housing* ^ |
3.11 Housing Support: Services for Unhoused Persons* ^ |
3.12 Housing Support: Other Housing Assistance* ^ |
3.13 Social Determinants of Health: Other* ^ |
3.14 Social Determinants of Health: Community Health Workers or Benefits Navigators* ^ |
3.15 Social Determinants of Health: Lead Remediation ^ |
3.16 Social Determinants of Health: Community Violence Interventions* ^ |
4: Premium Pay |
4.1 Public Sector Employees |
4.2 Private Sector: Grants to Other Employers |
5: Infrastructure |
5.1 Clean Water: Centralized Wastewater Treatment |
5.2 Clean Water: Centralized Wastewater Collection and Conveyance |
5.3 Clean Water: Decentralized Wastewater |
5.4 Clean Water: Combined Sewer Overflows |
5.5 Clean Water: Other Sewer Infrastructure |
5.6 Clean Water: Stormwater |
5.7 Clean Water: Energy Conservation |
5.8 Clean Water: Water Conservation |
5.9 Clean Water: Nonpoint Source |
5.10 Drinking water: Treatment |
5.11 Drinking water: Transmission & Distribution |
5.12 Drinking water: Transmission & Distribution: Lead Remediation |
5.13 Drinking water: Source |
5.14 Drinking water: Storage |
5.15 Drinking water: Other water infrastructure |
5.16 Broadband: “Last Mile” projects |
5.17 Broadband: Other projects |
6: Revenue Replacement |
7: Administrative |
7.1 Administrative Expenses |
7.2 Evaluation and Data Analysis |
7.3 Transfers to Other Units of Government |
7.4 Transfers to Non-entitlement Units (States and territories only) |
7.5 Costs Associated with Satisfying Certain Legal and Administrative Requirements of the SLFRF Program After December 31, 2024 |
|
Revision Log
Version |
Date Published |
Summary of changes |
1.0 |
June 17, 2021 |
Initial publication |
1.1 |
June 24, 2021 |
|
1.1 |
September 30, 2021
|
|
2.0 |
November 5, 2021 |
|
2.1 |
November 15, 2021 |
|
3.0 |
February 28, 2022 |
|
4.0 |
June 10, 2022 |
|
4.1 |
June 17, 2022 |
|
4.2 |
August 15, 2022 |
|
5.0 |
September 20, 2022 |
|
5.1 |
June 1, 2023 |
|
5.2 |
September 27, 2023 |
|
5.3 |
November 30, 2023 |
|
5.4 |
December 14, 2023 |
|
6.0 |
March 28, 2024 |
|
1 The SLFRF rule defines “COVID-19 public health emergency” as “the period beginning on January 27, 2020 and lasting until the termination of the national emergency concerning the COVID-19 outbreak declared pursuant to the National Emergencies Act.” See 31 CFR 35.3. As discussed in Final Rule FAQ 4.11, following the termination of the National Emergency on April 10, 2023, recipients generally may continue to make investments using their SLFRF funds without changes, with the exception of projects in the premium pay eligible use category. Please refer to FAQ 4.11 for more information.
2 Recipients also may use SLFRF funds directly for administrative costs to improve the design and execution of programs responding to the COVID-19 pandemic and to administer or improve the efficacy of programs
addressing the public health emergency or its negative economic impacts. 31 CFR 35.6(b)(3)(ii)(E)(3).
3 2 CFR 200.413 Direct Costs.
4 2 CFR 200.414 Indirect Costs.
5 See flexibility provided in https://www.whitehouse.gov/wp-content/uploads/2021/03/M_21_20.pdf.
6 For-profit entities that receive SLFRF subawards are not subject to Single Audit requirements. However, they are subject to other audits as deemed necessary by authorized governmental entities, including Treasury and Treasury’s OIG.
7 For purposes of reporting in the SLFRF portal, an expenditure is the amount that has been incurred as a liability of the entity (the service has been rendered or the good has been delivered to the entity).
8 For purposes of reporting in the SLFRF portal, an obligation is an order placed for property and services, contracts and subawards made, and similar transactions that require payment.
9 See Appendix 3 for the full Expenditure Category (EC) list. Please note that Appendix 3 includes the expenditure categories under the 2021 IFR, applicable to the Interim Report.
10 Low or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines by the Department of Health and Human Services (HHS) or (ii) income at or below 65 percent of the Area Median Income for the county and size of household based on the most recently published data by the Department of Housing and Urban Development (HUD).
11 For Impacted households, these programs are Children’s Health Insurance Program (“CHIP”); Childcare Subsidies through the Child Care and Development Fund (“CCDF”) Program; Medicaid; National Housing Trust Fund (“HTF”), for affordable housing programs only; Home Investment Partnerships Program (“HOME”), for affordable housing programs only.
12 Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines by HHS or (ii) income at or below 40 percent of Area Median Income for its county and size of household based on the most recently published data by HUD.
13 For Disproportionately Impacted households, these programs are Temporary Assistance for Needy Families (“TANF”), Supplemental Nutrition Assistance Program (“SNAP”), Free- and Reduced-Price Lunch (“NSLP”) and/or School Breakfast (“SBP”) programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income (“SSI”), Head Start, Special Supplemental Nutrition Program for Women, Infants, and Children (“WIC”), Section 8 Vouchers, Low-Income Home Energy Assistance Program (“LIHEAP”), and Pell Grants.
14 For educational services and other efforts to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school service as eligible. “Title I eligible schools” means schools eligible to receive services under section 1113 of Title I, Part A of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 6313), including schools served under section 1113(b)(1)(C) of that Act.
15 Please note, as explained in Treasury FAQ 12.1, that the award terms and conditions for Treasury’s pandemic recovery programs, including the SLFRF, do not impose antidiscrimination requirements on Tribal governments beyond what would otherwise apply under federal law.
16 Tax revenue for fiscal year ending 2019 is relevant for calculating the recipient’s baseline.
17 The 2022 final rule defines covered change. “Covered change means a change in law, regulation, or administrative interpretation that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise) or delays the imposition of any tax or tax increase. A change in law includes any final legislative or regulatory action, a new or changed administrative interpretation, and the phase-in or taking effect of any statute or rule if the phase-in or taking effect was not prescribed prior to the start of the covered period.”
18 Please note that capital expenditures are not considered “programs and services” and are not presumed to be reasonably proportional responses to an identified harm except as provided in the 2022 final rule.
19 For more information on NCES identification numbers see https://nces.ed.gov/ccd/districtsearch/ (districts) and https://nces.ed.gov/ccd/schoolsearch/ (schools).
20 As determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed.
21 For more information on evidence-based tutoring programs, refer to the U.S. Department of Education’s 2021 ED COVID-19 Handbook (Volume 2), which summarizes research on evidence-based tutoring programs (see the bottom of page 20.
22 See Executive Order 14008, on Tackling the Climate Crisis at Home and Abroad; OMB, CEQ, & CPO, M-21-28,Interim Implementation Guidance for the Justice40 Initiative (July 20, 2021) https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf; OMB, CEQ, & CPO, M-23-09, Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, on using the Climate and Economic Justice Screening Tool (CEJST) (Jan. 27, 2023), https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf
23 For more information on learning agendas, please see OMB M-19-23
24 As noted in Appendix 2, evidence-based refers to interventions with strong or moderate levels of evidence.
25 For more information on the required standards for program evaluation, see OMB M-20-12.
26 A logic model is a tool that depicts the intended links between program investments and outcomes, specifically the relationships among the resources, activities, outputs, outcomes, and impact of a program.
27 For more information on evidence-based tutoring programs, refer to the U.S. Department of Education’s 2021 ED COVID-19 Handbook (Volume 2), which summarizes research on evidence-based tutoring programs (see the bottom of page 20.).
28 See Executive Order 14008, On Tackling the Climate Crisis at Home and Abroad and the Interim Implementation Guidance for the Justice40 Initiative, OMB M-21-28.
29 Under the 2022 final rule to be used starting with April 2022 reports or the 2023 IFR to be used starting with the October 2023 reports
30 Under the 2021 IFR to be used in Interim Report and January 2022 Project and Expenditure Report
Coronavirus State and Local Fiscal Recovery Funds
Compliance and Reporting Guidance
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Modified | 0000-00-00 |
File Created | 0000-00-00 |